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.
Related FAQs
What is the difference between wrongful termination and constructive dismissal?Is my employer responsible for providing severance pay if I am wrongfully terminated?
What is the difference between wrongful termination and retaliatory discharge?
What do I need to prove to win a wrongful termination case?
How much money can I get in a wrongful termination lawsuit?
What are the most common reasons for wrongful termination?
What are my chances of winning a wrongful termination case?
Is it illegal to terminate an employee without just cause?
Is it legal for an employer to terminate an employee without notice?
Can I be wrongfully terminated for reporting safety hazards in the workplace?
Related Blog Posts
What Is Wrongful Termination and What Can You Do About It - July 31, 2023What to Know About Wrongful Termination Lawsuits - August 7, 2023
Understanding Your Rights Under Wrongful Termination Law - August 14, 2023
Is It Illegal to Be Wrongfully Terminated? Unpacking Wrongful Termination Law - August 21, 2023
Everything You Need to Know About Unfair Dismissal in Wrongful Termination Law - August 28, 2023