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In the United States, there are two systems of government, the federal and the state. The federal system has limits set by congress and the constitution. The state system of government differs from state to state because each state has its own court system. In this paper I will explain how the federal and state systems of government differ in their application of employment laws, I will provide one example of a California state employment protection that is not provided by the federal state system which is employment at-will. In addition I will provide three exceptions and how to avoid wrongful discharge claims in the at-will protection.
The federal and state systems of government differ in there applications of employment laws. The federal system consists of the following employment laws: the Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Age Discrimination in Employment Act of 1967, Family and Medical Leave Act of 1993, National Labor Relations Act, Immigration Reform and Control Act of 1986, Fair Labor Standards Act, Equal Pay Act, Occupational Health and Safety Act, Employee Retirement Income Security Act ("ERISA") and Affirmative Action Laws. The state employment laws consist of the following: Workers' Compensation Acts, State Fair Employment Practice Laws, Wage/Hour Laws, Other State Laws and Employment-at-Will. Besides the differences in employment laws, the federal systems laws are not subject to change as they are based on the United States Constitution and enforced by the United States Equal Employment Opportunity Commission (EEOC). The state laws are enforced as well but each state has its own court system and may adopt any of the federal employment laws of that stat ...