Federal and State Laws Prohibiting Wrongful Termination in California - By: Jon George Fuller

Wrongful termination has always been a significant topic in the employment industry of the United States. Realities in the employment sector are sometimes rough and dreading, and one of the contributing factors for such setup is wrongful termination. Despite the efforts of government agencies through strict implementation of laws, such unlawful labor practice is still a significant problem for many American employees.

Employers must keep in mind that even though there is an "at-will” agreement between them and employees, it does not mean that they can terminate workers for any reason. A termination may be considered unlawful if the discharge was made out of discrimination, retaliation, or illegal purpose.

Employers and workers must know that there are particular employment laws being implemented that prohibit any form of wrongful termination in the country. Some of the most notable laws include:

1. Title VII of the Civil Rights Act of 1964 – This law is arguably the most prominent anti-employment discrimination law being imposed in the country. Under this law, employers cannot discriminate against employees based on their age, disability, race or color, national origin or citizenship status, religious creed, or sex. Furthermore, Title VII prohibits employers to terminate an employee who filed a discrimination complaint hence retaliation is deem illegal.

2. Fair Employment and Housing Act (FEHA) – This California state law is the state-equivalent of Title VII. Under this law, the protected classes include age, disability, race or color, national origin or citizenship status, religious creed, sex, gender identity and expression. Retaliation against an employee who filed a complaint with the California Department of Fair Employment and Housing (DFEH) is unlawful.

3. Occupational Safety and Health Act (OSH Act) – Pursuant to this law, employers cannot terminate an employee who filed a workplace safety complaint with the Occupational Safety and Health Administration (OSHA). Employers who terminate an employee practicing his or her rights under OSH Act may be required to provide compensatory and punitive damages.

4. Employee Polygraph Protection Act (EPPA) – EPPA makes it illegal for employers to terminate a worker who refuses to undergo polygraph or lie detector test.

5. Family Medical Leave Act (FMLA) – Under this law, qualified employees for FMLA may take for up to 12 weeks of unpaid and job-protected leave in a year. Employees who are fired solely for the reason of using FMLA benefits leave may file a complaint with the US Department of Labor (DOL) in order to assert for reinstatement and compensations.

About the Author

Jon jumped-start his profession in web content writing and has written Los Angeles Employment Lawyers and Los Angeles discrimination attorney articles to date.

Article Directory Source: http://www.articlerich.com/profile/Jon-George-Fuller/182439

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