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The Differences Between Wrongful Termination and Constructive Dismissal

Posted by Amber Boyd | Feb 15, 2023 | 0 Comments

Wrongful termination and constructive dismissal are both terms used to describe unfair or unjust treatment of an employee by their employer. However, there are distinct differences between the two terms that are important to understand for employees who may be facing termination or have already been terminated.

Wrongful Termination:

Wrongful termination refers to a situation where an employer terminates an employee's employment in violation of the law or a contract between the employer and employee. This can include termination due to discrimination, retaliation, or breach of contract.

Constructive Dismissal:

Constructive dismissal, on the other hand, refers to a situation where an employer makes significant changes to the terms and conditions of an employee's employment, effectively forcing the employee to resign. This can include changes to an employee's job duties, pay, hours, or working conditions.

The Differences:

The key difference between wrongful termination and constructive dismissal is the manner in which the employee's employment ends. In wrongful termination, the employer directly terminates the employee's employment. In constructive dismissal, the employee resigns as a result of the employer's actions, but the resignation is deemed to be a constructive dismissal because the employer effectively forced the resignation.

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In either case, the consequences for the employee can be significant, including loss of income, damage to their reputation, and difficulty finding future employment. However, the legal remedies available to the employee may vary depending on whether the termination was wrongful or constructive.

In conclusion, it's important for employees to understand the differences between wrongful termination and constructive dismissal and to seek legal advice if they believe they have been unjustly treated by their employer. An experienced employment attorney can help employees understand their rights, navigate the legal process, and secure compensation for their losses.

Don't let the terms wrongful termination and constructive dismissal confuse you. If you believe that you have been unjustly treated by your employer, seek legal advice from an experienced employment attorney today. Protect your rights, secure your future, and fight for the justice you deserve.

Get the representation you need, Contact Amber K. Boyd Attorney at Law at 317-210-3416 if you believe your rights as a worker are being violated. The time to act is now.

About the Author

Amber Boyd

Amber K. Boyd is a versatile professional with strong experience in managing complex litigation matters. She founded Amber K. Boyd Attorney at Law in 2013, where she is the sole practitioner. Ms. Boyd specializes in employment law with a focus on discrimination cases. She also has deep expertise ...


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