How to Prove Wrongful Termination

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Wrongful termination is a serious matter that can impact an employee’s career, financial stability, and emotional well-being. If you believe that you have been wrongfully terminated, you may be able to pursue legal action against your former employer.

However, to succeed in a wrongful termination lawsuit, you will need to provide evidence that supports your claim. In this blog post, we will discuss the types of evidence that you need to prove wrongful termination.


Employment Records

Your employment records are a crucial piece of evidence in proving wrongful termination. These records may include your employment contract, offer letter, employee handbook, and performance evaluations. Your employment contract or offer letter may outline specific reasons for which you can be terminated, such as poor performance or misconduct. If your termination violates the terms of your contract or offer letter, it may be considered wrongful termination.

Employee handbooks often include policies that protect employees from wrongful termination, such as anti-discrimination policies, whistleblower protections, and procedures for filing complaints. If your employer violated one of these policies, it may be evidence of wrongful termination.

Performance evaluations can also be used as evidence. If your evaluations consistently show that you were performing well in your job and meeting your employer’s expectations, it can be difficult for your employer to justify your termination.


Communications with Your Employer

Any communication that you had with your employer before or after your termination may be used as evidence. For example, if you were terminated for poor performance, but you have emails or memos that show that you were meeting or exceeding your employer’s expectations, it may be evidence of wrongful termination. If you have emails or memos that show that your employer had a bias against you because of your race, gender, age, religion, or other protected characteristic, it may be evidence of discrimination.


Witness Testimony

Witness testimony can be powerful evidence in a wrongful termination case. If you have coworkers or supervisors who witnessed the events leading up to your termination, their testimony can help support your case. Witnesses can testify about conversations they had with your employer about your termination or any discriminatory actions they observed.


Company Policies

Company policies and procedures can also be used as evidence in a wrongful termination case. For example, if your employer violated their own policies regarding terminations, it can be evidence of wrongful termination. If the company has a history of terminating employees for discriminatory reasons or without following proper procedures, it can help support your case.


Documented Proof of Discrimination

If you believe that your termination was due to discrimination, you will need to provide documented proof of that discrimination. This can include emails, memos, or other written communications that show your employer had a bias against you because of your protected characteristic. You may also be able to use statistics or expert witnesses to show that discrimination was a factor in your termination.

Contact a Wrongful Termination Lawyer

It’s crucial to find an attorney who has extensive experience in employment law and wrongful termination cases. These types of matters can be complex and time-consuming, so an experienced attorney can help you navigate the process.

The McGonigle Law team has extensive experience with wrongful termination cases – and we even secured a $3.5 million arbitration award in a wrongful termination action.

If you have questions about your situation, reach out to our team today.



The information contained herein is for general purposes only and does not constitute legal advice.

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