Circumstantial Evidence in Employment Cases

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In filing an action, proofs of the act complained of must be substantiated. Otherwise, a baseless suit may only be subject to dismissal. Same with an employment case, the act complained of must not only be alleged but must also be supported by evidence.

Ideally, direct evidence must be presented. This kind of evidence has the highest level of believability. It stands on its own to prove a fact. However, direct evidence is hardly accessible in employment suits. Hence, the law allows submission of circumstantial evidence in employment cases.

Oftentimes, claim of discrimination or harassment calls for the presentation of indirect or circumstantial evidence. Allegations of discriminative or harassing acts may be proven by indirect evidence which our employment lawyers can easily provide. Our legal advocates have sufficient skill to gather evidence at our client's advantage.

Proofs in Discrimination Cases

Among employments issues, discrimination is the most prevalent. Victims of discrimination must prove in a “disparate treatment” case the existence of such fact by presenting circumstantial evidence.

The plaintiff must provide evidence proving the following:

1. Membership in a protected class
2. Allegation that the employer intentionally discriminated against the plaintiff
3. Dismissal of plaintiff

When the above allegations are proven, the court will presume that intentional discrimination has been committed. This does not mean, though, that the plaintiff automatically prevails.

The employer is given the opportunity to controvert or rebut the presumption of discrimination by asserting a legal and non-discriminatory ground for terminating the plaintiff or taking the action complained of.

If the plaintiff can prove that the employer's reason is but a pretext of discrimination, then the plaintiff may still win the case. The plaintiff must prove that the employer's assertion is not worthy of belief and that the act complained of is discriminatory.

When the judge or jury favors the plaintiff, award of damages may be given. When the case is filed in California, damages for past and future medical expenses, past and future wage loss, damages for emotional distress and punitive damages are recoverable.

Proofs in Retaliation Cases

When an employee complains of either discrimination or violation of a protected activity, employer usually responds by dismissing the complaining employee.

In the absence of direct evidence, the plaintiff must prove that the employer has taken adverse employment action and has suffered in the process. Plaintiff must shown connection between the protected activity and the adverse employment action.

The employer is given the chance to explain the adverse employment action which the plaintiff may controvert.

Proofs in Harassment Cases

In harassment cases, the plaintiff must only prove that the harassing conduct is unwelcome, severe and pervasive and has interfered with the working condition.

By calling our toll free hotline number or filling out our free case analysis, our California employment attorneys guarantee the gathering of evidence to help you to win your employment claim.

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