Difference Between Wrongful Termination and Constructive Discharge

The law protects the rights of every employee against illegal or wrongful termination from work. However, employers are getting more creative in terminating their employers, which, in the eyes of ordinary employees, may seem legal at first...

Credit: Photoevent / iStock by Getty Images

The law protects the rights of every employee against illegal or wrongful termination from work. However, employers are getting more creative in terminating their employers, which, in the eyes of ordinary employees, may seem legal at first.

This is why there evolves legal concepts like Wrongful Termination and Constructive Discharge.

WHAT IS WRONGFUL TERMINATION?

Wrongful termination happens when you are terminated directly without cause. Examples of this direct illegal termination is when you are terminated as a consequence of retaliation by your employer on account of your whistleblowing or due to discrimination, which may include sex discrimination, race discrimination, age discrimination, discrimination based on religion, discrimination based on national affiliation or sexual orientation discrimination.

IS YOUR EMPLOYER LIABLE EVEN IF YOU RESIGNED FROM WORK?

There are instances where, even if you resigned, your employer maybe liable for wrongful termination if it is found out that your employer employs means to force you to resign. This is called Constructive Discharge.

In constructive dismissal, the employer permits or causes hostile work environment which forces the employee to resign. Specific examples of this are when you are always assigned unsavory tasks or your employer discriminates or allows discrimination against you in the workplace and these circumstances forced you to resign for fear of your health, life or well-being.

DAMAGES YOU CAN CLAIM AGAINST YOUR EMPLOYER

Whether you are a victim of direct wrongful termination or you are forced to resign against your will, then your employer is liable for wrongful termination. In this event, you can claim actual and exemplary damages against your employer, to include back wagesunpaid benefitsunpaid rest and meal breaks and even pain and suffering, emotional distress and other losses, which could also include punitive damages.

HOW TO CLAIM DAMAGES FOR WRONGFUL TERMINATION?

There are various and complex legal processes you need to undergo before being able to file a claim in court against your employer. Aside from these legal complexities, you are also going against your employer who has more resources than you. To make sure that you are given equal protection under the law, you need get legal help from MLG Lawyers who have decades of experience in championing the causes of employee rights throughout California.


Related Posts

Blonde woman holding up a me-too sign
Combating Gender Discrimination in the Workplace
Oct 1, 2018

When employees are treated unfairly because of their gender, this is considered gender discrimination. And while there are existing laws…

Detail of US one-dollar bill for employee expense reimbursement
What is Employee Expense Reimbursement?
Oct 1, 2018

If you’ve spent money on things that are necessary for the operations of your company, then your employer is obligated…

Employee stressed out over labor law rights violations
What to Do if Your Labor Law Rights Have Been Violated
Sep 21, 2018

All workers in California are protected by labor laws, regardless of their birthplace or legal status. Unfortunately, many employers commit…

Silhouettes of workers affected by employment layoffs
How Does the WARN Act Impact Employment Layoffs?
Sep 21, 2018

A layoff occurs when an employee, or group of employees, is temporarily suspended or permanently terminated from their jobs for…

Call for a Free Consultation:(866)-500-7070