Is there a difference between wrongful termination and wrongful act dismissals?

Yes, there is a difference between wrongful termination and wrongful act dismissals. Wrongful termination occurs when an employee is fired by an employer without cause or for violating the terms of the employment agreement. This type of termination is illegal and can result in an employee filing a lawsuit against their employer to recover damages. Wrongful act dismissals, on the other hand, occur when an employee is fired for engaging in some type of illegal activity or behavior. For example, if an employee is found to be stealing from the company, they can be fired for that behavior. In this case, the employer is not required to give any notice to the employee before terminating them, and the employee may not be able to file a wrongful termination lawsuit in New Mexico. In New Mexico, wrongful termination is illegal unless the employer can prove that the termination was due to a legitimate, non-discriminatory reason. An employer may need to provide evidence that the termination was based on a legitimate business need or other job-related reason in order to avoid a wrongful termination lawsuit. At the same time, an employer is also protected from wrongful act dismissal lawsuits if they can demonstrate that the employee engaged in some type of illegal activity or misconduct and that the employee was fired accordingly. This type of termination is permissible in many states, including New Mexico. In either case, an employer should be aware of the laws in their state to ensure that any dismissal is lawful.

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