Dismissal vs Termination
Dismissal and termination are dread words as far as employees are concerned. Attorneys specializing in employment matters get the most number of queries from employees who have been wrongfully dismissed or terminated, and want to know what their rights are in such a situation. To be sure of what one’s rights are when facing a dismissal or termination, it is necessary to find out the difference between wrongful dismissal and termination.
When an employer chooses not to inform the employee and dismisses him from his job, it is considered a wrongful dismissal. This so happens as the employer feels he has reasons for doing so, whether or not that reason is genuine. Sometimes, the employer decides to change the working conditions by altering the wages or salary of the employee and forces him to accept changed working conditions or else quit the job. In both these cases, it is possible for an employee to sue the employer if he so decides after consulting an attorney.
If you feel you have been wrongfully dismissed, you can file employment standards claim from your employer, and he is liable to pay the claim, if your attorney proves that you have been wrongfully dismissed. The maximum amount of compensation is $10000, and this channel is the easiest way to receive a claim.
However, if you are not satisfied with this amount, you may have to fight a civil suit against the employer. However, this is a lengthy, drawn out procedure.
In sharp comparison to wrongful dismissal is termination, which could be sacking an employee with or without a cause. When an employee is terminated by the employer, not because of any wrongdoing on the part of the employee, but because the employer decides that his services are no longer needed by the company or termination is necessary from economic reorganization point of view, it can be proved wrongful termination, and the employee is entitled to receiving the notice of such a termination in advance from the employer. This means that an employer must intimate the employee that he is going to be terminated. This gives the employee sufficient time to look for an alternate employment.
What is the difference between Dismissal and Termination?
• Termination is usually looked down upon as it normally entails any wrongdoing on the part of the employee.
• Dismissal is a sort of punishment for a delinquent employee.
• Termination is an end of contract, whereas, in dismissal, the employee can be acquitted of his charges by a court and reinstated back to his job.
• In termination, there are no benefits for the employee while there may be some benefits allowed by the management in the case of dismissal.