The proposed bill, titled the "Wrongful Discharge from Employment Act," aims to protect employees from wrongful termination by establishing clear definitions and guidelines regarding discharge and constructive discharge. It defines "constructive discharge" as a situation where an employee feels compelled to resign due to intolerable conditions created by the employer, while also outlining various forms of discharge, including resignation and layoffs. The bill specifies that an employer cannot wrongfully discharge an employee unless just cause is established, particularly after the employee has completed a probationary period, which cannot exceed three months.
Additionally, the bill provides remedies for employees who experience wrongful discharge, allowing them to seek damages through legal action or by filing a complaint with the Department of Labor and Economic Opportunity. Employees may be awarded lost wages, fringe benefits, and potentially punitive damages if the discharge was retaliatory. The bill also mandates that the department investigate complaints and enforce the act, including the imposition of penalties on employers who willfully violate its provisions. Importantly, the act does not limit any existing rights guaranteed by law and applies to both public and private employers, with specific provisions regarding collective bargaining agreements.