If you have experienced a situation at work that you think is illegal, you may be wondering if there is anything might make your particular employment law case stronger or weaker. While it’s unlikely that one factor will determine if you win or lose, there are a few items that, if they apply to you, can greatly strengthen your employment law case!
Witnesses
As in any area of law, an employment law case can come down to your word against your employer. In these cases, it’s helpful to have witnesses who saw what happened and will confirm your version of events. But it’s not always easy to ask co-workers to testify against your employer, especially if they are still employed. If this is your situation, your lawyer can help you determine how best to approach them.
Written Evidence
While witnesses are great, written evidence is even better. It’s much more difficult for an employer to try to refute or explain away behavior when you can show it in black and white. If possible, try to gather copies of e-mails or other direct communications that can be used to prove your claims for your employment law case.
Direct Evidence
Unfortunately, especially in employment law, there are many gray areas. It’s much easier to make your case to a jury if the actions described at trial are clearly a violation of a specific law. Going to employment law arbitration is whole different story. But because employers are often aware they are breaking the law, it’s unlikely your case will be perfectly clear-cut. Even if it isn’t, that doesn’t mean all is lost. Often many other factors weigh into a jury’s decision.
A Pattern of Behavior
An employer usually knows better than to make his or her prejudices known in the workplace, though this does happen from time to time. If you aren’t able to use direct evidence, you may be able to show a pattern of behavior to prove your employment law case. For example, despite a large number of applicants of a certain race or gender, over the years your employer has hired very few members of those groups even though they are qualified. Proving this pattern to the jury can often be just as successful as direct proof.
Again, these are best case scenarios in an employment law case. A lawyer will evaluate your entire situation to decide if you have a valid claim. If you believe you have a case against your employer, contact us here for a free consultation. Our employment law attorneys will help you determine the best way to move forward with your case!
