What is the difference between wrongful termination and unfair dismissal?
Wrongful termination and unfair dismissal are terms often used interchangeably, but they are two distinct legal concepts. In the United States, wrongful termination is a violation of the law and is illegal. In the state of Washington, it refers to firing an employee without a valid legal reason. This can include discrimination based on protected characteristics such as race, gender, age, or national origin, or a violation of certain implied employee rights like whistleblower protection. If an employee is wrongfully terminated, they may be entitled to compensation from their employer as a result. Unfair dismissal, on the other hand, refers to terminating an employee for reasons that are deemed unfair under the employment law in Washington. An employee can seek redress in the form of a hearing with the Washington State Employment Security Department or in court. Unlike wrongful termination, this type of dismissal is not necessarily illegal, but there are certain guidelines that employers are required to follow when dismissing an employee. In these cases, the employee is not entitled to receive any additional compensation. An employee may, however, be able to receive reinstatement, back pay, or other relief depending on the circumstances.
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