When accusing someone of a crime or violation, a judge will always require the complainant to provide direct evidence. However, there are situations where direct evidence is not available, or is impossible to collect. When this happens, the complainant can resort to the next best thing â circumstantial evidence.
As its name suggests, circumstantial evidence is a kind of proof that is composed of a number of situations or circumstances that ultimately lead to the defendant's violation or crime. While circumstantial evidence may be more difficult to prove than direct evidence, it is much easier to obtain.
If you are experiencing an adverse situation at work, you know your boss has something to do with it, but you do not have direct evidence to prove your accusation, then you can use circumstantial evidence. It is a little confusing how to identify circumstantial evidence. Because of that, you will need help.
First of all, you might want to hire a Los Angeles employment lawyer first to evaluate your potential complaint. Once you have an attorney, here are some of the things he will ask you to do:
- Provide information regarding situations and circumstances where your employee rights have been compromised at work. Cite specific examples of your "encounters" with your employer. And because you have not witnessed firsthand any adverse actions by your employer, you should focus more on detail. Your lawyer will be the one to pinpoint circumstances that can be considered evidence.
- Observe and take down notes of your employer's suspicious activities. Keep track of your employer's actions and try to relate them to the adverse situation in your company.
- Ask your co-employees. To verify the information you have observed and recorded, you can ask your co-employees whether they're experiencing the same things you do. If yes, it means your employer's actions have affected a particular group in your company.
If your lawyer thinks there is really something suspicious going on in your company, he would take the lead in investigating files, documents and other records. Once you have gathered enough information and circumstantial evidence, you can now file an employment violation complaint against your employer.
Lawsuits that have circumstantial evidence often take a while before the judge can make a decision. If your case is like this, just be patient and determined to fight for your rights. Besides, you have an experienced Los Angeles labor attorney who can defend your argument and make your employer pay for his violation.