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2 min read

How Do I Prove That My Termination Was Wrongful?

You may have a wrongful termination case if you believe you were unfairly or unlawfully fired from your job. However, you may wonder, "How do I prove that my termination was wrongful?"

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

Here are some key steps and strategies to prove your termination was wrongful.

Gather Evidence

To successfully prove wrongful termination, you will need evidence supporting 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 have received positive performance reviews, they can help demonstrate 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: Record any incidents or events relevant to your case, such as 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 to your case. Some common examples include:

Discrimination: If you were terminated based on 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 outlining 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 is called "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 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. Call (866) 433-4116 or click here to use our convenient online form to tell us how we can help.