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Constructive dismissal. In employment law, constructive dismissal, also called disguised dismissal, [1] constructive discharge or constructive termination, occurs when an employee resigns due to the employer creating a hostile work environment. This often serves as a tactic to avoid payment of statutory severance pay and benefits.
Wrongful dismissal. In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing ...
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
A 72-year-old California woman has sued Home Depot for age discrimination and wrongful termination after the retail giant fired her for failing to stop $5,000 in fraudulent transactions.
In employment law, a Loudermill letter is a letter that public-sector employers may send to employees giving notice of their intent to suspend, demote, or terminate. According to Cleveland Bd. of Educ. v. Loudermill, the process that is due a public employee includes a pre-termination hearing that provides "oral or written notice of the charges ...
A dismissal may be lawful or wrongful (insufficient notice) at common law. It may or may not involve discrimination under statute. It may be actual (with notice or intention) or constructive (by fundamental breach). It may be fair or unfair under statute. It can be absolutely any combination of these.
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