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Employment Law - Essay Example

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Employee benefit laws refer to the local, state and federal laws that govern benefits of employees like retirement benefits, health insurance, and disability insurance. The most significant law by far happens to be the federal law, otherwise known as ERISA. ERISA does not…
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Employment Law
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Download file to see previous pages employees, while the employer should follow the conditions of the plan in providing those benefits in a way that is both consistent, as well as nondiscriminatory (Duddington 7). The principle of employment-at-will is a variety of federal, as well as state laws prohibiting discrimination based on race, age, gender, disability, or national origin.
According to the Federal law, Civil Rights Act Title Vii, if an employee assumes that he or she gets a termination, demotion, or denial of promotion due to unlawful discrimination, he or she has to report a complaint within 180 days. Failure of filing a discrimination claim in the time limit bars the claim; this claim undergoes investigation and if the claim turns to be having merit, it will try to resolve it through conciliation or litigation. However, if there is no discrimination found, or the claim cannot be resolved thereby leading to dropping of the claim, which is normally the case, there is the suing of “a right-to-sue letter"; following the issuance of the letter of right-to-sue letter, the employee has the ability of taking his or her claim of discrimination up to Federal court (Duddington 22). In Title Vii of the Federal law, the employee must file his or her lawsuit in ninety days after obtaining a right-to-sue letter or, again, the claim gets barred. In the case of Ms. Clark, it is clear that the motivation behind her termination was the fact that was a woman, as well as being the age of fifty three. The management of the company was biased when the termination of Ms. Clark, first they asserted that she made poor judgment about accepting the union’s representative’s invitation. This was ridiculous considering that she had worked for Danskin Inc. for over twenty years plus the fact that she was the Vice chairman of the company hence she knew exactly what was appropriate for the company. Apart from that, had a perception that Ms. Clark was exceedingly old and incapable of getting another job, as a result, ...Download file to see next pagesRead More
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