There are many people who believe they have been wrongfully terminated from their job. But one question they often have is simply how they are going to prove it. How can they show that their rights were violated?
The reality is that it is going to be different from case to case. Wrongful termination can take many different forms, and there are different types of evidence that can support it.
Direct evidence
First and foremost, keep any voicemails, email messages, text messages or other statements from your boss that may be direct evidence that you were wrongfully terminated. Maybe your boss emailed you and specifically said that they were going to let you go because you had converted to a new religion, for example.
Violation of a contract
Wrongful termination can also happen if it violates an employment contract that you had on file. Always keep copies of all of your paperwork. Your employer may be obligated to show cause to terminate you before the contract expires.
Testimony from other witnesses
Additionally, other witnesses or coworkers may be able to testify to certain activities that took place. For instance, maybe other people in a similar protected category as you were also terminated at the same time, such as if your employer decided to conduct layoffs but actually fired all of the female workers or all workers with a certain ethnic background. If so, this pattern of behavior can be evidence of wrongdoing.
Testimony from others can often be important if you were reporting illegal activity. Maybe you spoke up about sexual harassment and were wrongfully terminated in response. If others can back up your claim that the harassment was taking place, that supports your position.
Your legal options
Every case is unique, but it is important to understand what types of evidence to look for, and it can help to work closely with an experienced employment attorney.