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Legal job protections - Essay Example

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Clearly, termination of employment is imminent. Amanda should ensure that termination is procedural and legitimate. Amanda will depend on unemployment and health…
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Legal job protections
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Legal Job Protections Amanda’s mother is suffering from a terminal disease and hence Amanda’s behavior in the company may persist. Clearly, termination of employment is imminent. Amanda should ensure that termination is procedural and legitimate. Amanda will depend on unemployment and health benefits after the termination. Presently, Amanda can seek legal aid to demand unemployment compensation and health benefits. Upon cessation of employment, Amanda should seek legal aid, file a claim with the Employment Development Department, and contact the Fair Work Commission.
The Social Security Act enacted August 14, 1935, the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986, and Title VII of the Civil Rights Act of 1964 may protect Amanda. The 1935 Social Security Act requires eligible people to receive unemployment benefits when due (State of Wisconsin, 2014). Title VII protects employees from unlawful termination of employment (U.S Equal Employment Opportunity Commission, 2014). The COBRA guarantees Health Care Benefits to eligible employees who have lost their jobs.
The 1935 Social Security Act may protect Amanda because she will qualify for unemployment benefits. The company will fire Amanda for unintentional actions. She has also worked for more than 680 hours in the company and received significant wages to launch a claim (The Employment Development Department, 2014). Amanda will be available and able to work though wholly unemployed. Amanda may enjoy unemployment benefits for 46 weeks.
The COBRA may protect her health benefits for a limited period if the company terminates her employment. Indeed, Amanda and her family will enjoy their health benefits since her termination may not relate to gross misconduct. Moreover, the firm has more than 20 employees, and Amanda was a participant in the company’s health plan that mandates the company to continue maintaining the health scheme (U.S. Department of Labor, 2014). After termination, COBRA may guarantee health benefits to Amanda for a maximum of 18 months.
References
State of Wisconsin. (2014). PART 7 - Eligibility Issues. Retrieved from: http://dwd.wisconsin.gov/ui201/b7201.htm
The Employment Development Department. (2014). Meeting Eligibility Requirements. Retrieved from: http://www.edd.ca.gov/unemployment/eligibility.htm
U.S Equal Employment Opportunity Commission. (2014). Title VII of the Civil Rights Act of 1964. Retrieved from: http://www.eeoc.gov/laws/statutes/titlevii.cfm
U.S. Department of Labor. (2014). Consolidated Omnibus Budget Reconciliation Act (COBRA). Retrieved from: http://www.dol.gov/ebsa/newsroom/fscobra.html Read More
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