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How Can Circumstantial Evidence Win Your Employment Case

By Edited Jul 29, 2016 0 0

Evidence is a crucial factor in any dispute case. The defendant cannot be held responsible for any charges pressed against him if the plaintiff cannot present valid evidence to prove his accusations. Believe it or not, this kind of situation does happen.

In a discrimination case for instance, it is difficult to search for evidence that directly verifies the allegation. The complainant will need to have eyewitnesses to testify against the co-employee, supervisor or employer. This kind of evidence is called direct evidence. Once direct evidence is presented in a lawsuit, more often than not, it is enough to win the case for the complainant.

However, most harassment and discrimination cases do not have eyewitnesses to prove the complaint. Or if there are any, they are too afraid to testify against their bosses. So how can the discriminated employee obtain justice in this kind of setting? Fortunately, there is another type of evidence that is useful in these instances. It is called circumstantial evidence.

To describe what circumstantial evidence is, here are some sample situations in a discrimination case:

• The complainant has a disability that included him in a protected class.
• His salary was reduced even if he was doing a good job at work.
• He is always isolated from groups.
• His employer often gives him remarks about his physical characteristics and disabilities.
• He was terminated from his job even though he is qualified for the position.

From the points given above, not a single circumstance directly accuses the defendant, which is the employer. But the complainant can use these situations as evidence against the responsible party. Though none of the points directly verifies the accusation, they are circumstances that show that the employer discriminates against the employee.

Unlike direct evidence, circumstantial evidence is difficult to find because the employee would need enough time to document every situation where he gets discriminated. Here is where a legal expert should come in. There are a number of discrimination lawyers in Los Angeles whom you can hire to help you solve your case.

Contrary to what others believe, discrimination can be very dangerous for an individual. People who often get discriminated against develop inferiority complex, low self-esteem, and sometimes even high levels of depression. That is why it is strongly prohibited in the workplace by federal and state laws. If someone gets discriminated against at work, he should get legal help from a Los Angeles labor attorney right away.



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