Thursday, July 5, 2012
Labor Laws as Ultimate Protection from Employment Related Abuse
Labor laws are the ultimate protection of employees against the abuses that they might experience from employers. However, there are companies who are daring and cunning enough to violate these laws by illegally terminating workers. Some workers are even fired because they stood up against the illegal activities that happened within the companies that they work in.
This illegal firing of an employee is referred in legal terms as wrongful termination. It is commonly the result of retaliation, sexual harassment, or discrimination. Retaliation also refers to revenge.
Accordingly, one way of proving if the employer retaliated is if the worker previously testified in a government investigation regarding the anomalous acts within the company. These workers are called whistle blowers and it would be clearly against the law if the company fires them for aiding the government.
The State of California is one of the places that have a high rate of wrongful termination cases. Incidentally, this phenomenon is often blamed on the pre-existing “at-will” employment policy within the area. At-will, as it is popularly known, states that an employer may readily fire an employee without having legal liability.
On the other hand, this policy downplays the true definition of at-will wherein the employer needs to do the termination under legal or valid reasons. If the employee wishes to file a wrongful termination case in court through the aid of a California wrongful termination lawyer, he or she must prove the following in court:
· The termination has violated the American Discrimination Act of 1990 and some pertinent federal laws.
· The termination was done because the employee has rejected the acts of sexual harassment.
· The termination is against the contract or the signed agreement between the worker and the employer.
It would be best if the employee, on the onset of the complaint, already has a California wrongful termination lawyer. Such legal professional would aid the worker throughout the complex litigation process. An attorney may act as a counsel to warn about or approve certain settlements that may need the approval or signature of the employee. The main goal of this lawyer is to enable the employee to win the case and to collect the needed damages awards to compensate for some losses.