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Employer Against You: How to Prove?

Every day, hundreds of employees all over America are being victims of:

  • discrimination
  • retaliation
  • sexual harassment

Only 3 out of 10 employees will end up filing a claim against their employers. The remaining 7 will continue to endure these humiliations until they change jobs or meet someone who can change their lives with valuable information.

Do not wait to meet your special person. Instead, let this be the revelation that you need to change your life and the way you are treated. If you are being a victim of anything of the above-mentioned, and if you believe that your employer is against you, you have the right to file a lawsuit against your employer. 

However, do you have any evidence to support your claim? Are you in fear of losing your job or getting retaliated against as a result? To help you understand the situation you are in, our Los Angeles Employment Law Lawyers are willing to offer you a free consultation and evaluate your case. Be sure to give us a call as soon as you are able to.

If you are looking to file a claim against your employer but are not sure how to find supporting evidence, here are some ways that you can prove that you are being discriminated against, harassed or mistreated at your workplace.

Understand What You Are Dealing With

The first step is always the most important one – understanding the situation you are in. If you believe that you are being discriminated against, you need to be sure before you can proceed with the next step. 

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Discrimination comes in many forms, with some of the most common ones being:

  • against age
  • against religion
  • against ethnicity
  • against skin color
  • against nationality
  • against race
  • against political views
  • against pregnancy
  • against national origin
  • against sex
  • against disability
  • against marital status

Besides discrimination, you may also face:

  • retaliation (for something that you have said or done, or a report that you have filed against your employer)
  • sexual harassment (comments, jokes or inappropriate actions)
  • mistreatment
  • missing wages or promotions (if you are underpaid, missing overtime wages or missing the promised promotion)

If you are experiencing any of the above-mentioned discomforts on a daily basis, you are eligible to file a lawsuit against your employer. 

Note: Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, sex. In addition, Title VII also makes it illegal to discriminate against women because of pregnancy, childbirth, medical conditions related to childbirth or pregnancy. The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against someone because of age (this protects people who are 40 or older). The American with Disabilities Act (ADA) and the Rehabilitation Act of 1973 make it illegal to discriminate against a person with a disability. 

Consult with Employment Law Attorneys in Los Angeles if your rights are being breached in any way. Our attorneys will help you deal with the situation and bring your employer to justice. Know and fight for your rights!

Finding The Evidence

In order to support your case, you will be asked to provide evidence. There are usually two types of evidence that could help your case:

  • direct evidence 
  • circumstantial evidence
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Direct evidence is the best way to prove that discrimination occurred. It usually includes statements from managers or other supervisors that directly relate the adverse actions taken against you (or your protected class status).

Circumstantial evidence is used to create a presumption of discrimination. Most supervisors and other company personnel will usually not tell you directly anything that you can use against them, and you will have to rely on your circumstantial evidence to create a presumption of discrimination.

Here are some examples of how you can use circumstantial evidence to show that your employer discriminated against you:

  • if you are a member of a protected class (i.e. over 40 and claiming age discrimination, disabled and claiming disability discrimination)
  • if you are qualified for your position
  • if your employer took adverse actions against you (including hiring, promotions, termination, compensation and other terms of conditions of employment)
  • if you were replaced by another employee who is not in your protected class (i.e. you got replaced by a younger person or someone who is not disabled)

If you are able to prove any of these things, you may have a case in hand and enough circumstantial evidence” to support your case. If you need help proving anything mentioned above, feel free to consult with our Los Angeles Employment Law Attorneys today and schedule your free initial consultation to receive a free case evaluation and all needed information about your potential case.

Your Employer Denies Everything

It is very common for most employees to deny everything related to discrimination, harassment, and mistreatment at the workplace. However, that does not mean that you cannot file a claim against them. Once you and your attorney establish a presumption of discrimination, you can push the case to court. In court, an employer will have the opportunity to offer a legitimate reason for their conduct. If they are unable to offer a legitimate reason for your termination or discrimination, you will have a case in hand (and will have proven a case of wrongful termination/discrimination). However, many employers know exactly what to say and how to protect themselves. Be prepared for everything.

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Things That You Can Do If Your Employer Tries To Cover Up Their Actions

Assuming that your employer offers a reasonable explanation for your termination, you will have to try and prove that their reason is a cover-up for discrimination. To be able to prove it, you would have to prove any of the following:

  • the reason is factually untrue
  • the reason is insufficient to have actually motivated your discharge
  • your protected status is more likely to have motivated your employer (than their reason)
  • you have powerful, direct evidence of discrimination

Call Employment Law Attorneys in Los Angeles as you will need all the help that you can get to try and prove your case of discrimination. Remember that this will be long and exhausting, so be prepared for a marathon, not a sprint.

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