Laws That Protect Workers From Wrongful Termination
One of the most prevalent problems in the United States includes those of wrongful termination cases.
Annually, many employees face this kind of predicament.
Wrongful termination is often defined as the invalid dismissal of a worker, which violates his or her rights as an employee or a citizen of the state.
Some companies really do think that they could escape the hands of the law simply because they have more power than the workers.
California is one of the states that recorded a lot of wrongful termination cases, as reflected by the press releases of the Equal Employment Opportunity Commission (EEOC).
These cases mostly stem from the at-will employment policies in the area that permit employers to fire a worker any time they want.
In order for the government to stop this kind of violation, they have created certain laws that seek to protect employees.
Such laws include the following: 1.
Fair Employment and Housing Act (FEHA) - FEHA is one of the most prominent California employment laws.
It is often compared to the Title VII due to their similarities.
Due to FEHA, other categories were added to the existing law.
Employees are protected from maltreatment if they are disabled; furthermore, if they are protected from being discriminated against due to their age, race, national origin, color, citizenship status, gender expression, and religious creed.
Also, this law allows workers who would like to file for a retaliation complaint to do so through the California Department of Fair Employment and Housing (DFEH).
2.
Title VII of the Civil Rights Act of 1964 - This is considered as the most well-known act that protects the rights of the employees.
With the Civil Rights Act, employers are prohibited from discriminating workers due to their age, disability, color, race, nationality, religion or gender.
Moreover, it prevents company owners from firing a worker who has previously filed a complaint.
3.
Family Medical Leave Act (FMLA) - Through this law, employees who fulfill the FMLA requirements are permitted to take 12 weeks of unpaid and job-protected leave within 12 months.
Those who are terminated because of the FMLA may file a complaint at the United States Department of Labor (DOL).
4.
Occupational Safety and Health Act (OSHA) - According to this law, company owners are not allowed to terminate a worker who has previously filed a workplace safety complaint through the Occupational Safety and Health Administration (OSHA).
Accordingly, owners are required to pay heavy fines if they fire workers who practice their rights under the OSH Act.
5.
Employee Polygraph Protection Act (EPPA) - Employees who do not want to undergo a polygraph test or lie detector test are protected by the EPPA.
Accordingly, it would be illegal for the company owners to fire such workers.
Employees may imply through the stated laws that the government seeks to protect them from illegal termination acts, which could be done against them by company owners.
Workers who feel that they their rights against stipulated in these laws should not hesitate to fight for their rights in proper courts.
This way, the country could rightfully implement the laws and prosecute abusive employers who have no regard towards the rights of their employees.
Annually, many employees face this kind of predicament.
Wrongful termination is often defined as the invalid dismissal of a worker, which violates his or her rights as an employee or a citizen of the state.
Some companies really do think that they could escape the hands of the law simply because they have more power than the workers.
California is one of the states that recorded a lot of wrongful termination cases, as reflected by the press releases of the Equal Employment Opportunity Commission (EEOC).
These cases mostly stem from the at-will employment policies in the area that permit employers to fire a worker any time they want.
In order for the government to stop this kind of violation, they have created certain laws that seek to protect employees.
Such laws include the following: 1.
Fair Employment and Housing Act (FEHA) - FEHA is one of the most prominent California employment laws.
It is often compared to the Title VII due to their similarities.
Due to FEHA, other categories were added to the existing law.
Employees are protected from maltreatment if they are disabled; furthermore, if they are protected from being discriminated against due to their age, race, national origin, color, citizenship status, gender expression, and religious creed.
Also, this law allows workers who would like to file for a retaliation complaint to do so through the California Department of Fair Employment and Housing (DFEH).
2.
Title VII of the Civil Rights Act of 1964 - This is considered as the most well-known act that protects the rights of the employees.
With the Civil Rights Act, employers are prohibited from discriminating workers due to their age, disability, color, race, nationality, religion or gender.
Moreover, it prevents company owners from firing a worker who has previously filed a complaint.
3.
Family Medical Leave Act (FMLA) - Through this law, employees who fulfill the FMLA requirements are permitted to take 12 weeks of unpaid and job-protected leave within 12 months.
Those who are terminated because of the FMLA may file a complaint at the United States Department of Labor (DOL).
4.
Occupational Safety and Health Act (OSHA) - According to this law, company owners are not allowed to terminate a worker who has previously filed a workplace safety complaint through the Occupational Safety and Health Administration (OSHA).
Accordingly, owners are required to pay heavy fines if they fire workers who practice their rights under the OSH Act.
5.
Employee Polygraph Protection Act (EPPA) - Employees who do not want to undergo a polygraph test or lie detector test are protected by the EPPA.
Accordingly, it would be illegal for the company owners to fire such workers.
Employees may imply through the stated laws that the government seeks to protect them from illegal termination acts, which could be done against them by company owners.
Workers who feel that they their rights against stipulated in these laws should not hesitate to fight for their rights in proper courts.
This way, the country could rightfully implement the laws and prosecute abusive employers who have no regard towards the rights of their employees.