Steps to Take if You are Wrongfully Sacked from Construction Work

Last Updated on November 7, 2022 by Admin

If you are facing wrongful termination from your job, there are steps you can take to hold your employers accountable. Here are the things you ought to do if unfair dismissal happens to you.

There are hazards in the construction workplace that you do not get in other jobs. You could fall from a height, have something fall on you, or trip over hazards. You might even experience harassment or discrimination at work. A serious thing that could happen to you is becoming unfairly sacked because of something you did or did not do.

Your Employer has a Duty of Care to you

When you work for an employer, you expect that they will continue that employment unless you do something which breaks the expectations of the job. In construction, this might mean costing the company money by buying or using the wrong materials. They might dismiss you for not taking proper construction site safety precautions, or for being rude to customers.

Examples of Unfair Sacking

Unfair dismissal constitutes all the things they cannot sack you for. In the US, Labor laws closely govern wrongful discharge/termination. The terms of this will change depending on which state you are in. The legal system names most states, except Montana, as at-will-employment states. This means the employer can terminate your employment at any time. There are legal exceptions in some states. Wrongful termination therefor indicates that your employer broke the law when firing you. Examples of this in construction might be:

An employer sacking a whistle blower about asbestos containing materials
Sacking you because of your race
Termination based on age, gender, or religion
Losing your job in construction because you joined a union

What Steps to Take after Wrongful Termination

If you think you have suffered an unfair dismissal or wrongful termination, follow these steps to justice.

Step 1 – Find out if you have a case

You may wish to speak with your local state labor office to find out if you have a case. To be eligible to claim for compensation for wrongful termination, your employer must have broken a law when they sacked you.

Step 2 – You need legal representation

The quickest way to find out if you have a case is to call an employment lawyer. Employment law is never as straightforward as you think it is. Hiring a specialist from the outset means the case before you is clear. You know what to expect and when to expect it. You can also maximize any compensation due to you.

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Step 3 – Gather evidence

You will need as much evidence as you can get to support your case. You will require proof of an implied contract with your employer. Next, you must gather proof that sacking you was an illegal act because it broke a specific law. Illegal discrimination and retribution are two good examples of this.

Step 4 – File the complaint

When you file a complaint with the court system, you begin the legal process of raising a claim for wrongful termination. There are further stages afterwards. There will be a discovery period, a judgement, negotiations, and the potential for court.