California’s “at-will” employment policy is often criticized by most of the employees who reside in the area because of its tendency to be used as justification for the wrongful termination committed by abusive employers.
Accordingly, at-will employment is defined as a policy that gives employers the permission to terminate workers readily without having liability under the law. However, in truth, the termination under this policy states that it is done under valid reasons and in compliance to California employment laws.
In this regard, an employee who feels that he or she was wrongfully terminated should file a complaint with labor agencies like the Equal Employment Opportunity Commission (EEOC). Furthermore, it is necessary for the laborers to prove in the litigation process that the employer really had no legitimate reason to dismiss them from their jobs.
The following laws would hold the employer liable if he or she is proven to have committed an act of wrongful termination:
• Fair Employment and Housing Act (FEHA) – The act of discriminating against a worker and terminating that person because he or she came from a different race, sexual preference, age, religion, nationality, skin color is strictly prohibited.
• Title VII of the Civil Rights Act of 1964 – This law is considered the umbrella for all succeeding policies regarding employment. According to it, all employers should not terminate any worker under invalid reasons. The said law also strengthens the regulations against maltreatment.
• Family Medical Leave Act (FMLA) – An employee is permitted to take a leave from work for up to 12 weeks to care for a sick family member or to nurse a newborn baby. The employer then has no right of firing the worker after he or she has successfully filed the leave.
Since the litigation process for employment cases is quite complex, the employee may seek the services of an attorney specializing in labor laws. This person would collect evidences and look for witnesses to prove in court that his or her client is telling the truth.
Once the liability of the employer is proven, the worker, who was a victim of the maltreatment, will likely receive damages awards in the form of monetary payments to compensate for his or her losses.