Not all employers are great at their job, and sometimes they can create unsafe situations that lead to you having the right to sue them. Your construction accident lawyer will be able to discuss the different scenarios in which you can sue your employer in depth. However, we aim to bring your attention to some major red flags that are clear signs you should take your employer to court for how they’re treating you.
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Ask a Construction Accident Lawyer: 7 Signs You Should Take Your Employer to Court
1. They’ve Created an Unsafe Work Environment
Some types of jobs, such as construction, have you working on potentially hazardous sites all day. This is normal. However, it’s your employer’s job to put safety precautions in place that make it safe for you to work there. If your employer hasn’t done that, then you can talk to them about it and file a complaint with your company’s HR department if necessary.
If your employer still doesn’t do anything, and you and your co-workers are injured as a result of it, then you can sue your employer for compensation. Talking to a construction accident lawyer in Houston will help you take the steps to do this.
2. They’re Discriminating Against You or Your Coworkers
In Texas, it’s illegal to mistreat, refuse to hire, or fire someone based on:
- Sex, gender, and gender status
- Race
- Ethnicity
- Religion
- Disability
- Citizenship status
- Sexual orientation
- Genetic traits
If your employer is discriminating against you or one of your co-workers based on any of these criteria, then you can file a complaint. You may also be able to sue for emotional damages if your employer refuses to stop.
3. They’re Refusing to Prevent Discrimination or Sexual Harassment
Your employer has a duty of care to step in and stop any discrimination or sexual harassment that’s going on in the workplace. If they’re not doing anything to stop a co-worker from harassing you, then you can go over their head to HR.
If reporting them to HR still doesn’t do anything, then you can file a further report with a state or federal agency. If your employer still refuses to do anything about the discrimination or harassment, then you may be given a letter stating your right to sue.
4. They Dismissed You Unfairly
Your employer can’t follow for an unlawful reason. For example, they can’t fire you because you refuse to break the law, violate public policy, come in while taking medical or parental leave, and many other reasons. Your attorney will be able to advise you further on this, but several more instances constitute unfair dismissal, and there’s a process you should take that may lead to you taking your employer to court.
5. They Ask Unlawful Interview Questions
If you’re speaking to a new potential employer or trying to move up in your company, then you’ll go for an interview. There are certain illegal questions to ask in interviews. Unfortunately, some employers will ask them anyway. Many women are asked about their children or their desire to have children in the future. This is the employer’s way of gauging whether or not you’ll be willing to work overtime.
People with obvious disabilities may be asked questions directly about their disability rather than their ability to do the job despite their disability. This is also unlawful, and you can take your interviewer or employer to court for this.
6. They Discipline You Unfairly
We all make mistakes at work sometimes, and this can lead to warnings, suspension, and even termination. Your employer cannot discipline you by docking your pay, forcing you to work extra hours you didn’t agree to, or forcing you to do jobs you don’t normally do within the company. These count as unfair forms of discipline, and you can take your employer to court over them.
You can also sue if you believe you were suspended or had your employment terminated unfairly. For example, another employee may have made a worse mistake than you, but they weren’t suspended or terminated. If you and the other employee have very similar roles within the company, then your suspension or termination may be considered unfair.
7. They Dock Pay or Refuse to Pay Overtime
Legally, your employer isn’t allowed to dock your pay, and they have to pay you for any overtime hours you work. If your employer attempts to dock pay as a punishment for a mistake you made at work, or if they refuse to pay overtime, then you can take them to court.
There are numerous reasons you may need to take your employer to court. You deserve to be treated fairly in the workplace, and you deserve a safe working environment and fair pay for everything you do. An attorney can help you ensure justice is served for any wrongdoing on the part of your employer.
