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Admission of Circumstantial Evidence in Employment Cases

By Edited Aug 31, 2015 0 0

In most employment cases, the plaintiffs have difficulty in securing direct evidence which would prove that a violation against their employment rights has been committed. So, there are instances when circumstantial pieces of evidence are allowed to be used against the defendant in order to prove the allegations.

To have a stronger case, it would be best to obtain paper works and documents which shows the company policy regarding the issue and pay slips to show the financial impact of the violation committed by the accused. It would also help if there are witness testimonies that prove your claims and visual or audio recordings of the incident.

When bringing these allegations of discrimination, harassment, or retaliation to court, the plaintiff will be burdened with the responsibility of proving all his claims. If he is to prove discrimination, he should show that he is (1) a member of the protected class, that he is (2) qualified for the job position, and that (3) the accused has taken an adverse action against the plaintiff for being a member of the protected class.

Aside from discrimination, harassment is also one of the frequent bases of employment cases. Any sexual advances or unwanted physical contact can cause a hostile work environment which limits the worker's creativity and productivity.

Proving these employment cases would require the expertise of a seasoned lawyer who knows the weight of evidence that his client will present in court. These lawyers will also be able to help the plaintiff assess the damages suffered by their clients. In the state of California, plaintiffs who can successfully prove their claims can recover:

  • Medical treatments and expenses caused by the discrimination or the harassment

  • Lost wages caused by the wrongful termination or demotion

  • Emotional distress caused by the incident

The above mentioned damages may or may not be applicable to your case. To be sure, better contact a lawyer and have him assess your case.

These cases may be too complicated for a distraught employee who just lost his job. He must make sure that he is rightfully compensated for the wrong done to him by his supervisor, co-worker, or employer. He can do this by finding a good employment law attorney to represent the best of their interest.

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