What is the difference between wrongful termination and retaliatory discharge?

Wrongful termination and retaliatory discharge are two different types of employment law violations. Wrongful termination occurs when an employer terminates an employee’s employment in violation of an employment contract or an employer-imposed policy. Violations of these types of contracts and policies can include terminating an employee without notice, without cause, without providing severance pay, or without following other contractual obligations. On the other hand, retaliatory discharge occurs when an employer terminates an employee on the basis of discrimination or in retaliation for exercising a legally protected right. Examples of legally protected rights include whistleblowing, taking medical leave, or filing a complaint about workplace harassment. In Washington, wrongful termination can be addressed with a civil lawsuit. Retaliatory discharge, however, is addressed through the Washington State Human Rights Commission and can involve civil litigation for damages or criminal charges for violations of state labor law. Ultimately, the difference between wrongful termination and retaliatory discharge lies in the reasons for the termination. Wrongful termination occurs when an employee is unlawfully terminated, whereas retaliatory discharge occurs when the employee is unlawfully terminated in retaliation for exercising a legally protected right.

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What is the difference between wrongful termination and retaliatory discharge?

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