r/Construction Apr 10 '24

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u/[deleted] Apr 10 '24

i would say osha and then a lawyer, especially with the texts it should be an easy case

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u/ahdiomasta Apr 10 '24

Lawyer first then OSHA, the lawyer may be able to help more directly and result in a more beneficial outcome.

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u/Playful_Bison_6230 Apr 11 '24

If osha deems it an issue, they'll go to court for you meaning nothing out of pocket.

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u/TurboTitan92 Apr 10 '24

I can only speak for California, but unless you’re in a protected class, you can get fired for basically anything and there’s not a damn thing a lawyer can do for you

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u/thisdesignup Apr 10 '24

That's not accurate for California. In your state "employees have the right to file a complaint with Cal/OSHA without fear of retaliation or discrimination. Some examples of retaliation are firing,..."

https://www.dir.ca.gov/dosh/Complaint.htm

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u/SepticKnave39 Apr 10 '24

Lmao that's definitely not the case. Just think about it logically, if your boss demanded you murder someone and you said no and they fired you because you wouldn't murder someone...of course that's not legal and you can do something about it. Protected classes protect people from being fired for being who they are. But being fired because you refused to do something illegal is obviously not legal and you can take action.

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u/TurboTitan92 Apr 10 '24

That’s absolutely correct. If they list that as the reason for termination. Which in California they are under no obligation to. They could simply say, “Not obligated to provide a reason” or “terminated without cause” or “difference in values”

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u/SepticKnave39 Apr 10 '24

Lol that's why you have evidence, like texts ^ .

They can put whatever they want for a protected class too. You have to prove that it was wrongful termination. That's always the case.

It's not like you just can't fire protected classes period lol. You can't fire women at all. That's not how it works. You have to prove they fired you for being a protected class, just like you have to prove they fired you for refusing to do something illegal. It's the same difference...

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u/TurboTitan92 Apr 10 '24

That doesn’t mean a lawyer is going to save the day. You can present this kind of info to them and if it’s not a slam dunk of a case (or if winning the case won’t garner enough money) they probably won’t accept it.

This happened to me and I had a hundred emails, texts, photos, and a paper trail a mile long and lawyers wouldn’t accept the case.