Is wrongful termination hard to prove?
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If you have been wrongfully terminated, it can be challenging to prove that your employer has fired you unlawfully. It will require evidence and a motive. If you believe your employer has been discriminating against you, there is still a way to help your attorney prove your case. You have to show that the way you were terminated from your employment was illegal; then, it can be considered wrongful termination by the court.
Why wrongful termination is difficult to prove and what to do
If you are following company protocol and performing at standard levels, then your employer should have no reason to fire you. When you have been wrongfully terminated, the best approach is to document as much evidence as possible.
What is wrongful termination?
When an employer reduces your hours, demotes you, or fires you, it cannot be for any of the following reasons:
- Mental disability
- Physical disability
- Pregnancy
- Race
- Sexual orientation
- Religion
- Gender
- Gender identity
- Ethnicity
- Age
- Medical leave (i.e. CFRA or FMLA)
- Lawful conduct outside of work
- Whistleblowing
Reasons you should fight wrongful termination
If you have performed at or above standards but were fired, you should look for signs you were wrongfully terminated. For example, there may be comments about your age, race, gender, or other protected categories by your employer. Another sign is if your employer gave you excuses for your termination and the reasons don’t make sense. If you were let go after a protected activity has occurred, this could be a wrongful termination. For example, if you took medical leave but are being fired, criticized, or harassed by your employer, this is another indication.
What evidence you need to support your case
There are a number of documents you can show your attorney for evidence. This information can prove that you have been wrongfully terminated. You can procure statements from witnesses, positive reviews from customers, and feedback from peers at work.
Company policies
You can provide information on what workplace behavior is required at your company. The company policy outlines what is expected from employees and typically comes as a handbook or a pamphlet. This will help the attorney understand if you have acted according to the company rules and if the termination was unlawful.
Your company file
You can give your attorney information on any promotions, performance evaluations, background history, and more. Also, include any previous disciplinary actions at the company.
Physical evidence
Try to give your lawyer as much evidence as possible. You can provide pictures, emails, text messages, and any other information that appears discriminatory.
Documented pay
You will need to hand over your pay records to your lawyer. This includes any earnings you had before any noticeable discrimination occurred and what your earnings were afterward. You can also include your pay stubs from when you were hired and when you were fired.
Witness statements
Try to obtain the contact information for witnesses who have observed you being discriminated against. Your attorney can later contact them and include their statements in court.
More information on wrongful termination
You can learn additional information on what is required to start a wrongful termination case by going here: https://www.stevenrubinlaw.com/wrongful-termination/. To get started, contact a wrongful termination attorney who can help you receive the guidance you need from dependable professionals.
https://www.eeoc.gov/retaliation