If you lose your job because of discrimination, retaliation, or another form of wrongful termination, you must prove it. A wrongful termination case, especially in an at-will employment state, can become an uphill battle without evidence pointing to the possibility of wrongful termination. Here are a few ways to go about proving wrongful termination.
1. Write Down All the Details
Write down every detail about the situation you can remember. Every detail can count in a wrongful termination case, so you should start documenting the situation the moment it happens. Think through the series of events leading up to your termination. Make note of dates and times. Jot down situations you experienced prior that you feel contributed to you losing your job. If you can remember things said to you before or during the process, write those down and who said them. Any of the things you write can become important material facts for your case.
2. Gather All the Relevant Documentation
Before attempting to challenge your termination, you should have all the relevant information showing your status as an employee. To this end, you should put together a file of your pay stubs and any other documentation you have that shows that you worked for that employer. You should also have copies of things like your employee handbook, contract, and workplace policy documentation. This also includes any emails, if you still have access to them, and anything you had to sign. You'll want to show that your former employer possibly violated clear rules outlined in the handbook and that you adhered to those rules.
If you have any job evaluation documents, employee reviews, or accolades you received, include those as well. Showing that you were also a model employee or one who received good marks can go a long way toward showing your termination occurred wrongfully. Anything that speaks to discrimination or illegalities should go into this file as well. If you can show a pattern of behaviors that led to your wrongful termination, you will have good evidence to show to a court. For example, if you have a series of threatening emails, make sure to include those.
3. Contact an Attorney Immediately
Your attorney can help you figure out what evidence you need and how to obtain it. You can also gain direction from your attorney as he or she will know which steps you should take to give your case a good chance. If you are the victim of wrongful termination or even if you suspect you are, then contact a wrongful termination attorney immediately.Share