What Are the Types of Proof to Win an Employment Law Case?

 Employment law covers a range of issues, including workplace discrimination, sexual harassment, wrongful termination, and whistleblower protection. If you have experienced any of these behaviors first-hand, this is a violation of your legal and employment rights. Depending on the circumstances of your case, you may be entitled to damages, including lost earnings, benefits, pain and suffering, and other losses. However, in order to recover the maximum damages you are entitled to, you must be able to prove your claim.

The strength of your case is only as strong as the evidence you present. An experienced employment lawyer will assist you with every step of the claims process, secure the evidence necessary to meet the burden of proof, and negotiate the best possible settlement outcome.

What Are Examples of Employment Law Violations?

Despite the federal and state laws that are in place to protect employees from discriminatory or illegal behavior, employment offenses continue to occur in the workplace. The following are examples of employment law violations:

• Sexual harassment: According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is a form of sex discrimination that includes unwelcome sexual advances, verbal or physical actions of a sexual nature, and requests for sexual favors. This is a form of employment discrimination that can occur between a supervisor and an employee or between colleagues.
• Workplace discrimination: This occurs when you are treated unfavorably, or discriminated against due to your race, religion, nation of origin, sexuality, gender, marital status, age, disability, or any other protected class. This can occur during every phase of employment, from the interview process, to decisions made regarding promotions and salary increases, to wrongful terminations.
• Contract violations: Employment contracts include details about the terms and provisions regarding your employment, including job title, salary, benefits, paid time off, and health insurance. In some cases, you may be required to sign a confidentiality clause. If your employer breaches the employment contract, you may file an official complaint.
• Wrongful termination: Your employer is legally prohibited from terminating you for illegal or unauthorized reasons. The following are examples of wrongful termination:
  – Discrimination: Your employer is legally prohibited from terminating you for discriminatory reasons. For example, if you are fired because you requested time off for a religious holiday, this is discriminatory behavior.
  – Retaliatory discharge: It is illegal to terminate an employee for filing a complaint against their employer, or participating in an investigation.
  – Taking leave: If you were terminated after taking leave from work to care for a sick family member, this is an employment violation.
  – Fraudulent concealment: This occurs when your employer intentionally misleads you about your job responsibilities. For example, if you left your previous job for a better opportunity, only to find out that the new employer intended to fire all of their workers as soon as the project was complete, you may have a wrongful termination claim based on fraudulent concealment.
• Evidence of retaliation: Employers are legally prohibited from terminating your employment, or taking any adverse employment actions against you for reporting discriminatory behavior, or participating in an investigation. For example, if you were terminated after filing a discrimination complaint against your employer, this is considered retaliatory behavior. Evidence to prove retaliation may include copies of complaints filed with Human Resources, documentation of the disciplinary action taken against you after your complaint was filed, and the timeline showing the timing from when the complaint was filed to the termination.
• Whistleblower protection: Whistleblowers are employees who report illegal or unethical behavior. They are protected under specific state and federal whistleblowing laws and cannot be fired for their actions.

What Is the Burden of Proof?

Before taking steps to collect the evidence necessary to prove an employment law violation, it is important that you understand the concept of “burden of proof” and the important role it plays in your case. Essentially, the burden of proof is “a legal standard that determines if a legal claim is valid based on the evidence produced.” In order to comply with the burden of proof in your case, you must meet the following standards:

• Preponderance of evidence: In most civil lawsuits, the plaintiff must demonstrate that the defendant is more than 50% responsible for their suffering and losses. Plaintiffs often sue defendants to recover financial compensation for loss of income, pain and suffering, and other losses.
• Clear and convincing evidence: In some cases, plaintiffs may sue because their civil liberties are at stake. Clear and convincing evidence involves proving that there is a high probability that the employment violation occurred.
• Beyond a reasonable doubt: This is the highest legal standard, which involves establishing that the guilt of the defendant is beyond all reasonable doubts, or that there is no reasonable explanation that exists.

What Evidence Do I Need to Support My Claim?

If your employment rights have been violated in any way, and you intend to file an official complaint, it is crucial that you obtain as much evidence as possible to meet the burden of proof, ensure that your legal rights are protected, and that you recover the damages to which you are entitled. The following are examples of some of the most effective evidence:

• Direct evidence of wrongdoing, including emails, text messages, or recorded conversation where your supervisor made discriminatory, or offensive remarks.
• Circumstantial evidence, including patterns of behavior, inconsistent explanations from your employer about discriminatory policies, or questionable timing of events. For example, if you were terminated after filing a complaint, this may suggest retaliation.
• Employment documentation, including employment contracts, company policies, performance reviews, disciplinary records, and pay stubs.
• Witness testimonies. If a colleague, supervisor, or Human Resources professional witnessed the incident or behavior referenced in your complaint, this can help confirm that the incident occurred and strengthen your credibility.
• Comparative evidence, which involves demonstrating that you were treated less favorably than other employees, despite being just as qualified. For example, if several employees violated a company policy, but the only one who was disciplined is an employee who belongs to a protected class, it may suggest a pattern of discriminatory behavior. This evidence is particularly important in cases involving discrimination.

What Damages Am I Entitled to in an Employment Law Case?

If you are able to prove that your employment rights have been violated, a successful employment complaint will ensure that you recover the maximum damages that you are entitled to, including the following:

• Back pay: This refers to any earnings you lost as a result of the discriminatory or illegal behavior. You are entitled to back pay from the date of the employment violation to the date of judgment in your favor. For example, if your employer terminated you from your job because of your sexuality, you may be awarded back pay from the date of your termination to the date of the jury’s decision in your favor.
• Front pay: This includes any earnings lost as a result of the employment violation, including wages you will lose in the future as a result of the illegal or discriminatory behavior. For example, if you are able to demonstrate that it is unlikely that you will be able to secure employment for up to a year, you may be awarded for pay for that period of time. In order to recover front pay, you will need to show that you were unsuccessful in finding employment, despite an ongoing effort. This may require an economist or other expert to testify on your behalf.
• Lost benefits: If you lost healthcare benefits, dental coverage, pension or 401k plans, profit sharing, and other benefits after you were terminated from your job, the damages you are entitled to will include these benefits.
• Pain and suffering: In order to recover damages for emotional distress, you must be able to prove that the mental or emotional injuries you suffered are a direct result of the employment violation. The total amount of these damages will depend on the severity of your suffering, which will likely need to be verified by a highly skilled mental health professional.
• Punitive damages: These are meant to punish an individual for engaging in conduct that is considered particularly egregious. In order to win punitive damages, you must satisfy a greater burden of proof. Punitive damages are very difficult to quantify in advance, and the amount you will be awarded will be entirely up to the jury.

Our Cherry Hill Employment Lawyers at The Gold Law Firm P.C. Negotiate Fair Settlements for Clients in Employment Law Cases

If you have been discriminated against in the workplace, or your employment rights have been violated, do not hesitate to contact our Cherry Hill employment lawyers at The Gold Law Firm P.C. We will help you file an official complaint, ensure that your legal rights are protected, and pursue the maximum damages to which you are entitled. Our dedicated legal team will continue to fight for you until you are completely satisfied. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Pennsauken, New Jersey and Philadelphia, Pennsylvania, we proudly serve clients in the surrounding areas.