What is the difference between wrongful termination and wrongful contract termination?
Wrongful termination and wrongful contract termination are two different legal concepts in California. Wrongful termination refers to an employment contract situation where an employee is unlawfully terminated without just cause or legal reason. California is an at-will employment state, meaning an employer or employee can terminate the employee’s contract without giving a reason. However, there are a few exceptions to the rule. Wrongful termination can occur when the employee’s termination is based on a protected characteristic, such as race, religion, or sex, or when it is due to certain public policy reasons, such as taking FMLA leave or whistleblowing. Wrongful contract termination, on the other hand, is a situation in which an employer terminates an employment contract in violation of the terms of the written contract. This can include situations where the employer terminates the employee before the termination date on the contract, does not provide proper notice of the termination, or does not abide by the terms of the contract that specify the method of termination, such as providing warning or a probationary period. In summary, wrongful termination is when an employment contract is unlawfully terminated, while wrongful contract termination is when the employer terminates an employment contract in violation of the terms of the written contract. In either case, the employer may be held liable for damages resulting from their actions.
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