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2 min read

How Do I Prove That My Termination Was Wrongful?

If you believe you were unfairly or unlawfully fired from your job, you may have a wrongful termination case, but are you wondering, “How do I prove that my termination was wrongful?”

This is a common question and a good one. Because you do need proof to help you establish a wrongful termination case and seek legal recourse.

Here are some key steps and strategies involved in proving that your termination was wrongful …

Gather Evidence

To successfully prove wrongful termination, you will need to compile evidence that supports your claim. Some types of evidence that can be helpful include the following:

Employment Documents: This includes your employment contract, offer letter, employee handbook, and/or any other documents that outline the terms and conditions of your employment.

Performance Reviews: If you’ve received positive performance reviews, they can be useful in demonstrating your competence and professional conduct. You may be able to use these reviews to contradict any claims made by your employer regarding poor performance.

Emails and Correspondence: Collect any emails, letters, or other written communication that may provide evidence of discriminatory treatment, retaliation, or unfair practices by your employer.

Witness Statements: If colleagues or supervisors can attest to your job performance or have knowledge of the circumstances leading to your termination, their statements can strengthen your case.

Records of Incidents: Keep a record of any incidents or events that might be relevant to your case, such as instances of discrimination, harassment, or retaliation.

Review Employment Laws and Company Policies: Review applicable federal, state, and local employment laws, as well as your company's policies. Specifically, see if you can identify any violations or discrepancies that may have occurred during your employment or termination process. Your review should include laws and company policies related to discrimination, retaliation, breach of contract, and/or termination of employment.

Determine the Legal Basis of Your Wrongful Termination

There are several common legal grounds for wrongful termination claims. A Labor and Employment Attorney can help you determine what applies in your specific case. Some common examples include:

Discrimination: If you were terminated based on your race, color, religion, sex, national origin, age, disability, or other protected characteristics, you may have a valid discrimination claim under federal or state anti-discrimination laws.

Retaliation: If your termination was in retaliation for engaging in protected activities, such as reporting workplace misconduct or filing a complaint, you may have a strong retaliation claim.

Breach of Contract: If you had an employment contract that outlined specific termination conditions, and your employer violated those terms without justification, you may have a breach of contract claim.

Constructive Discharge: In some cases, when an employer makes working conditions so intolerable that an employee feels compelled to quit, it may be considered a wrongful termination known as "constructive discharge." Another term for this is involuntary resignation, and it can be a form of wrongful termination.

Consult a Labor and Employment Attorney

Legal matters can be complicated, especially when it comes to employment issues. So, seeking legal advice is crucial when dealing with a wrongful termination case.

An experienced employment attorney can evaluate the strength of your claim, guide you through the legal process, and help you build a solid case by identifying applicable laws and precedents. They can tell you specifically what you need to prove your termination was wrongful.

We invite you to get a free consultation with the Labor and Employment Law Legal Team here at Whitcomb Selinsky, PC by calling (866) 433-4116 or simply click here to use our convenient online form to tell us how we can help.

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