What Evidence is Needed to Prove Wrongful Termination?

Wrongful Termination March 11th, 2024
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Were you fired from your job unfairly? You may have been a victim of wrongful termination – and it’s possible there’s something you can do about it.

Wrongful termination may occur for unauthorized or illegal reasons. It may violate local, state, and federal laws, for example, or it may go against public policy. Breaching the terms of your employment contract is also considered wrongful termination.

The State of California has strict rules about wrongful termination, and it does provide ways to employees to receive compensation or even get their jobs back. The law requires you to prove your case, though, and you’ll need to gather evidence of wrongful termination before you file a lawsuit. What’s more, the documentation you collect must contain all the information the courts need to take action.

When Should I Start Collecting Evidence?

If possible, create a paper trail before you lose your job. In many cases, employees can sense when their professional relationship with their employer has taken a turn for the worse.

Pay special attention to any evidence that the wrongful termination was pre-planned. This evidence might include performance reviews that had been historically positive before suddenly turning negative or that contain inaccuracies. Reductions in pay without providing reasons, unsubstantiated reprimands, and off-the-record comments may also be hints that a termination was pre-planned and potentially wrongful.

Documentation should detail about events leading up to and including the termination. The documentation should include the time, date, and location of the events, and whether there were witnesses.

What Your Evidence Must Prove

When it comes to proving wrongful termination, the employee has the burden of proof. 

To prove that a termination was wrongful, the worker must show that:

  • They worked as an employee in some capacity for the employer
  • Their employer terminated them
  • The reason for their termination was illegal
  • They suffered harm resulting from the illegal termination

The evidence you present must prove each element. In legal terms, each element must be proven by a preponderance of evidence, which means there is a greater than 50 percent chance that your claim is valid.

What Types Of Evidence Should I Collect?

Your employment lawyer can help you determine which documentation you’ll need for the best outcome. 

This evidence might include:

  • Job description that details your duties and responsibilities in your workplace
  • Performance reviews that may show you have been a good worker
  • An employment contract that, if one exists, would detail the duties and responsibilities of both parties
  • Communications that show important interactions between yourself and your employer; these might include text messages, emails, memos, and more
  • Witness statements from other people in the workplace

Your employment lawyer knows what evidence supports your claim, and the best way to present it to the court. The evidence should strengthen your case that you were wrongfully terminated.

Wondering About The Evidence You Need To Prove Wrongful Termination In California? Contact Your Employment Attorneys At D.Law

California courts can help you get restitution or even get your job back, but first, you’ll need to present the court with evidence of wrongful termination. For more information, consult with or call D.Law. Our employment law firm can help you fight wrongful termination in the Bay Area, San Diego, Fresno, Los Angeles, and other California cities.

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