Malicious employers may try to frame wrongful termination as “unfair dismissal.” Although both terms describe losing a job, they have important legal differences.
It is important to fully understand these differences when you are trying to prove wrongful termination.
The difference between wrongful termination and unfair dismissal
Wrongful termination occurs when an employer fires an employee in violation of state or federal law. This can include firing someone as an act of discrimination, retaliation or breach of contract. For example, if an employer fires an employee after they report workplace harassment, this may qualify as wrongful termination under California law.
Unfair dismissal refers to a situation where a termination may seem unjust or harsh but does not break any laws. An employer can fire an employee for reasons that feel unfair, such as personality conflicts or restructuring, without legal consequences. California is an at-will employment state, meaning employers can terminate employees without cause as long as the termination does not violate specific legal protections.
How to prove wrongful termination
Proving wrongful termination requires gathering strong evidence. This evidence must show that the employer violated legal rights when terminating employment.
- Document the reason for termination
- Collect communications and performance records
- Identify patterns of discrimination or retaliation
- Review employment contracts and policies
It is important to request a written explanation for your dismissal and keep a record of conversations with your employer. Keep thorough records of communications, contracts and observations of misconduct.
Employers may claim that a termination was merely unfair to avoid legal consequences. Showing inconsistencies in their explanation or proving that the firing occurred after protected actions can help establish wrongful termination under California law. Clear evidence remains the key to challenging an employer’s claims.