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California Refinery and Chemical Plant Worker Safety Act of 1990 added section 7872 and 7873 to the Labor Code. On September 25, 1992, AB 2601 was signed into law. [20] It protected gays and lesbians against employment discrimination. [21] California was the seventh state to add sexual orientation to laws barring job discrimination. [22]
In Canadian common law, there is a basic distinction as to dismissals. There are two basic types of dismissals, or terminations: dismissal with cause [21] and termination without cause. An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract.
Typically, the first way to claim constructive dismissal involves an employer making substantial changes to the employment contract, such as: a demotion; altering the employee's reporting structure, job description or working conditions; lowering an employee's compensation; changing hours of work; imposing a suspension or leave of absence; and
The standard of just cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. [3] Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security.
The bill, introduced this week, would make California just the third state to do this, joining New York and New Jersey. Labor unions and progressive policy groups say businesses are to blame for
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
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Where minimum rights do not exist in federal or state statutes, principles of contract law, and potentially torts, will apply. Employment contracts are subject to minimum rights in state and federal statute, and those created by collective agreements. [91] Aside from terms in oral or written agreements, terms can be incorporated by reference.