The Continuous Belligerent Struggle against Wrongful Termination

Wrongful termination happens in the United States, particularly the state of California. According to many research findings, much of the wrongful termination cases are concentrated on areas with big employee populations, including California. Since many employees are working there, the agencies tasked to handle employment disputes are often bombarded with a lot of complaints.

Most of the cases of wrongful termination in California stems from the “at-will” employment policy. This policy states that an employer can dismiss a worker at any moment if the reason for doing so is legal under the present laws. This employment scheme has a notable loophole even though it brags of the freedom to transfer to any job without having legal liability.

Aside from the at-will, retaliation also plays a major role in the wrongful termination complaints. This happens when employees participate in an investigation against the company and the employers, out of revenge, create decisions that would affect the workers negatively. Demotion and deprivation of benefits are some of the examples for this.

Fortunately, the Equal Employment Opportunity Commission (EEOC) was created to protect the employees from the various violations that could be committed against them by their employers. The EEOC is a government agency that acts as the safeguard of employees against discriminatory practices. It was created on July 2, 1965 and since then; it has been in the forefront in terms of enforcing employment and labor laws.

According to the EEOC, aggrieved employees are asked to file a complaint with the agency against erring employers. The agency would create then thoroughly investigate the case; however, if such measure don’t work, it would be necessary for them to seek the help of a Los Angeles wrongful termination lawyer.

Wrongful termination greatly violates the rights of employees. As such, employees are entitled to relief in the form of monetary compensation. With the help of the EEOC or with the assistance of an expert employment and labor lawyer, losses and damages caused by their employers’ actions are repaired.

Disability Discrimination: About Reasonable Accommodations and Undue Hardship

According to the California Fair Employment and Housing Act (FEHA) and the federal Title I of the Americans with Disabilities Act of 1990 (ADA), disability discrimination is prohibited in private companies, government offices, employment agencies and even in labor unions.

For the U.S. Equal Employment Opportunity Commission (EEOC), employers covered by the ADA are prohibited from discriminating an employee or applicant on the basis of his or her disability. Through the amended Rehabilitation Act, qualified individuals with disability who treated unfavorably may file for a discrimination complaint.

Such laws cover even those who have a history of disability such as cancer, which is controlled, or in remission. Others are still qualified if he or she is believed to have a physical or mental impairment that is not in the transitory stage.

Also, disability discrimination may happen within the following employment processes:

• Hiring;
• Termination;
• Job assignments;
• Promotions;
• Layoffs;
• Training;
• Fringe benefits; and
• Any other terms and conditions of employment.

The laws even require employers to provide some reasonable accommodations to workers or job applicants who have disabilities if it does not cause significant difficulty for the company. These reasonable accommodations may include various changes in the working environment to assist the person who has a disability. Moreover, the employee or applicant through reasonable accommodations may acquire benefits and privileges.

Examples of this would include providing ramps for wheelchair users, as well as readers or interpreters for the impaired of hearing. Unless doing so would cause undue hardship for the employer, the disabled employee may be entitled to reasonable accommodation.

Basically,”undue hardship” means that the accommodation is too difficult or very expensive to provide with respect to the size of the company, financial resources and the needs of the industry.

Incidentally, employees who feel that they have been discriminated on the basis of their disability may file a complaint with the appropriate agency or with an expert employment attorney. Workers may also seek the help of a Los Angeles employment discrimination lawyer to obtain legal assistance with regards the case.