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How to Document Wrongful Termination: Tips for Orange County Employees

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If you believe your employer wrongfully terminated you from your job, you might wonder if you can take legal action to be reinstated or get monetary compensation for your losses. While you might have a wrongful termination case to pursue, winning your case will require you to first gather evidence to prove that you were fired for an unlawful reason.

This can be difficult to do without knowing what you’re looking for when it comes to evidence for your case. If you’re unsure what kind of proof you need to show that you were wrongfully terminated, schedule a consultation with Orange County employment lawyers to review the details of your case.

Do You Have Documents That Describe Your Job Performance or Termination?

Proving you were wrongfully terminated requires showing that you weren’t let go for poor work performance, chronic tardiness, employee misconduct, or other common reasons for termination. If you have emails, letters, text messages, or voicemails describing what a reliable, hard-working employee you are, you may be able to prove you weren’t fired for actual wrongdoing.

If you have an idea of why you were terminated and suspect it’s an unlawful reason, collect documentation of this, as well. For instance, if you think it’s because you asked for reasonable accommodations for a disability or medical leave that you’re legally entitled to take, look for documentation that supports this. You may be entitled to compensation if you prove you were fired for discriminatory reasons.

You should also gather any documents regarding your termination. Your Orange County employment attorney can review letters or emails that discuss the termination to decide if you lost your job for an illegal reason. Be sure to print any emails before you lose access to your work email account.

Did You Get a Written Explanation for Your Termination?

Your lawyer might ask you for any documents that explain the circumstances of your termination. If you didn’t get one, you should ask your manager or human resources department to write one.

If your manager verbally told you why you were being terminated, you’ll still need written evidence for your case. You can get this by emailing your manager to tell them the reason you were given and asking for confirmation. This is the chance for them to confirm what you were told or provide a better explanation.

Your employer might go into detail about the reason in the letter, which could clear up any questions you have about why you were fired. You might learn that you violated a rule or had a documented history of poor performance reviews. Of course, it’s also possible the letter will list reasons for your termination that you know are not accurate or truthful. If you do not believe the explanation from your employer, tell your lawyer why that is. Then, be prepared to find documents supporting your accusation so you can proceed with your Orange County wrongful termination lawsuit.

Can Witnesses Help Your Claim?

If coworkers might have witnessed your employer’s unfair conduct toward you, your lawyer will likely want to get statements from them. For instance, if you think you were fired for discriminatory reasons, and you know a coworker has heard your manager using offensive slurs toward you, they could be helpful as a witness to your case.

If you claim that you were fired for actions that other employees also made, but only you were let go as a result, look for evidence of this. If you can show that you were treated worse than the other employees because you belong to a protected class or reported unlawful conduct in the workplace, this can prove you were fired for discriminatory or retaliatory reasons. These reasons are illegal and might qualify you for compensation at the end of your wrongful termination case.

Documenting your claim of wrongful termination can be difficult to do alone, so you need the guidance of a lawyer. Experienced Orange County employment attorneys know what forms of documentation will best strengthen a case, so it’s essential to schedule a free consultation before you start gathering evidence. Call Odell Law, PLC today at 949-771-8173 if you’re ready to talk to a lawyer about your wrongful termination lawsuit.

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