Employment issues can arise at any moment in the workplace, leaving lasting consequences for the employees and employers who face them. Whether someone has been wrongfully terminated, discriminated against, or has an issue with how they are being paid, it’s important to understand that you have rights and protections under California employment law. Santa Ana employment lawyers can inform you of these while representing your interests.
At Blake & Ayaz, we have spent years of our professional lives dedicated to providing effective legal support for the most pressing employment-related matters. Our law firm understands the intricacies of California employment law and can advocate for the rights of our clients from the moment they step through our doors until after the case is closed. By working closely with our clients, we can help develop a plan to protect their rights and secure the outcome they desire.
Having the right set of evidence to present in your employment law case can make a huge difference in your ability to achieve a successful outcome. Below are some of the most valuable types of evidence you can collect with your attorney to strengthen the quality of your response.
An employment contract, offer letter, and other written agreements that you may have been required to read as part of your job acceptance can establish the terms of the employment relationship. These types of documents outline key aspects of the role, like what your job responsibilities are, how much you should be compensated, details on your benefits, and if there are any termination clauses or non-compete agreements signed.
Both an employment handbook and the set of policies that an organization creates serve as guides to workplace standards and expectations. These can be valuable sources of evidence to bring to your employment law case, especially when they provide guidelines on issues like workplace behavior and procedures that you believe were clearly violated. Showing how a company policy failed to be enforced can make a huge difference in your case’s outcome.
Providing different performance evaluations, warnings, and disciplinary records can help provide a history of an employee’s work performance. A judge, jury, and any participating attorneys can review these, as these documents can inform them of the larger scope of a relationship they are just being acquainted with. For example, if an employee claims they were fired due to discrimination, a history of positive performance reviews can dispute the claim you were fired for poor performance.
Pieces of written communication are some of the most difficult to dispute. Emails, text messages, and instant messages are often used in employment law to help establish facts, timelines, and the intent of any individual involved. These messages can provide greater insight into what daily interactions at work were like, and where something went wrong that led to the dispute being dealt with in court or settlement negotiations.
Providing various testimonies from different coworkers, supervisors, and other individuals who have direct knowledge of what happened can make a huge difference in your employment law case. These third-party observations can help add some extra important context, corroborating the claims that have been made by either party. Witnesses can describe exactly what they saw and provide insight on what they believe each party’s intentions were.
If the Santa Ana business where the incidents occurred is under digital surveillance, this footage can make a huge difference in solving workplace issues. For example, a security camera could capture the alleged instances of harassment or safety violations on camera. This is some of the most difficult evidence to dispute, as it brings all viewers to the exact time and place of the incident.
A: Yes, verbal agreements are able to be used as evidence in employment law cases. While employment issue cases might be harder to prove with a verbal agreement compared to a written one, it is not impossible to do so. California recognizes oral contracts in certain employment relationships, especially if an oral agreement does not contradict any existing written policies or contracts. Documentation like emails or performance reviews can strengthen a verbal agreement.
A: A timeline of events is invaluable in employment disputes, as it helps to clarify the sequence of events and context that led up to a specific incident. For example, in a wrongful termination case, it can be helpful to show the timeline of when someone was hired to be fired. This timeline can reveal specific incident dates, patterns of behavior, or inconsistencies in cases where someone claims they were wrongfully let go or discriminated against.
A: Witnesses outside of work like family members, friends, medical providers, or even a third-party vendor your organization works with can be useful. This is especially true if they observed any emotional distress or physical harm you experienced. They can testify to the mental or physical effects a specific workplace issue had on you. While they might not have firsthand knowledge, their observations can still be influential in proving damages.
A: To successfully prove your work environment is toxic, you must demonstrate the specific offensive or discriminatory behavior that is impacting your ability to perform your job. Consistent reports of similar incidents from multiple employees can strengthen your case. Courts typically look for patterns of behavior rather than an isolated incident to determine if the environment is toxic under employment law standards.
It can be stressful to navigate employment law issues, but you never have to do it alone. Contact us today to discuss your case in greater detail and learn more about the next steps to take to resolve your employment issues.