How Do You Prove Wrongful Termination
By Gregory Thyberg on February 24, 2020
California, like many other states, is one of at-will employment. At-will employment gives employers the right to terminate a person’s employment without any reason or cause. However, at-will employment does not give employers the right to violate employment laws that protect workers from discrimination or acts of retaliation.
If a person is illegally terminated, they have the right to pursue a wrongful termination suit. Wrongful termination attorney Gregory Thyberg will gather and present evidence to prove wrongful termination so that our Sacramento, CA, clients can be compensated for resulting damages, including lost wages, to the full extent of the law.
What Qualifies As Wrongful Termination?
It can be difficult to understand exactly what qualifies as wrongful termination, since at-will employment seems to protect an employer’s right to terminate employment for any reason. This is somewhat of a misconception. Employers are not required to provide just cause for termination, but they do need to adhere to state and federal employment laws that have been put in place to protect a worker’s rights.
Under regulations outlined by laws such as the Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964, workers cannot be fired for any issues relating to:
- Sexual orientation
- Marital status
- Reporting harassment
- Taking medical leave
- Reporting or opposing fraudulent or unethical practices
To prove wrongful termination, an employee must be able to show that their termination was directly related to one of the abovementioned issues, and, therefore, the termination violated their legal rights.
Evidence to Prove Wrongful Termination
Proving wrongful termination is, admittedly, complex. An employer is highly unlikely to acknowledge that they have terminated employment for unlawful reasons. They are much more likely to cover-up their illegal actions and try to paint a picture of substandard employee performance.
Because of the complexities involved in proving wrongful termination, it is wise to work with an attorney who is knowledgeable in this area of the law. Gregory Thyberg and our team understand employment laws and are willing to do the work to collect the type of evidence that can prove wrongful termination for our Sacramento clients.
Types of evidence that can be effective in proving wrongful termination include:
- Employer personnel records
- Past reviews of employee performance
- Copies of inter-office communication, including emails, letters, and memos
- Witness testimony (this may include statements from supervisors, CEOs, coworkers, or vendors who have seen discriminatory or retaliatory behavior)
- Any available surveillance footage of work areas
- Statistical data of the company’s hiring, firing, promotion, and pay practices, which can demonstrate a pattern of discriminatory practices
Essentially, the goal is to discredit any provided reason for termination, and instead show that it was an unlawful act of discrimination or retaliation.
If you have recently been terminated and believe that it was a violation of employment laws, you may be due financial compensation for your losses. To discuss your case in further detail, send us a message at your earliest convenience or call our Sacramento practice at (916) 204-9173 to set up a consultation with attorney Gregory Thyberg.