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 practices. It defines "constructive discharge" and outlines the conditions under which a discharge may be considered wrongful, including retaliation for refusing to violate public policy, lack of just cause after a probationary period, and violations of the employer's own personnel policies. The bill stipulates that employers cannot wrongfully discharge employees and sets a maximum probationary period of three months, during which employees are considered at-will.
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 punitive damages in cases of retaliatory discharge. The bill also mandates the department to investigate complaints, mediate disputes, and enforce penalties against employers who violate the act. Notably, it ensures that employees cannot waive their rights under this act and clarifies that it does not affect existing rights guaranteed by law or collective bargaining agreements.