What is the difference between wrongful termination and retaliatory discharge?

Wrongful termination and retaliatory discharge are two very distinct legal concepts under California labor law. Wrongful termination occurs when an employee is fired without any justifiable cause, such as a breach of contract or discriminatory reasons. Retaliatory discharge, on the other hand, involves an employer retaliating against an employee who is exercising a legal right, such as filing a complaint, cooperating with an investigation, reporting violations of labor laws, and so forth. In a wrongful termination case, the employee is seeking compensation and damages for wrongful termination. This can include lost wages, benefits, emotional distress, and other money damages. The employee is also seeking a reinstatement of their job, if possible. In a retaliatory discharge case, the employee is also seeking compensation and damages for wrongful termination, but in addition is seeking to be compensated for the retaliatory action taken against them. This can include lost wages, benefits, emotional distress, and punitive damages. The key distinction between a wrongful termination and a retaliatory discharge case is that in the former, the employee is seeking damages for unjustifiable termination, whereas in the latter, the employee is seeking compensation and damages for being retaliated against by the employer while they were exercising a legal right. In either case, the employee is entitled to seek redress through the court system.

Related FAQs

Is retaliation legal if I am wrongfully terminated?
How do I know if I have a wrongful termination case?
Can I be fired for refusing to do something unethical or illegal?
Is my employer responsible for reinstatement if I am wrongfully terminated?
How can I protect myself from wrongful termination?
What do I need to do to prepare for a wrongful termination lawsuit?
What kinds of cases are eligible for wrongful termination lawsuits?
What are my chances of winning a wrongful termination case?
What evidence do I need to prove a wrongful termination claim?
What do I need to prove to win a wrongful termination case?

What is the difference between wrongful termination and retaliatory discharge?

Related FAQs

Related Blog Posts