What is the difference between wrongful termination and retaliatory discharge?

Wrongful termination and retaliatory discharge are two different legal claims in Tennessee. Wrongful termination involves a breach of contract or public policy violation by an employer when they terminate an employee’s employment. This could occur if an employee is terminated for reasons that go against the law, such as discrimination or whistleblowing, or if the employer did not comply with employment contracts. Retaliatory discharge is when an employer terminates an employee for taking lawful action against the employer, such as filing a complaint or participating in a lawsuit. In Tennessee, it is illegal for an employer to terminate an employee in either a wrongful or retaliatory manner. If an employee believes they have been wrongfully terminated or retaliated against, they may be able to file a claim with the Tennessee Department of Labor and Workforce Development and seek damages. A successful claim can result in back pay, reinstatement, or both. Wrongful termination and retaliatory discharge are two different legal claims and have different implications for employers and employees. A wrongful termination claim can be more difficult to prove since it involves a breach of contract or public policy violation. On the other hand, a retaliatory discharge claim does not require the employee to prove anything other than they were terminated for taking a protected action. It is important to understand the implications of wrongful termination and retaliatory discharge and seek legal advice if you believe you have been wrongfully terminated or retaliated against.

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