Top 5 Types of Documents/Evidence to Gather for Your Employment Case

Employment law is a broad category of laws that govern numerous different types of issues related to employment. Common examples of employment-related issues include, but are not limited to:

• Wrongful termination;
• Workplace discrimination;
• Sexual harassment;
• Contract violations;
• Issues involving employee benefits, for example, retirement savings plans and health insurance; and
• Whistleblower protection.

If an individual has an issue or a dispute involving employment law, there are several types of documents and evidence they may need for their claim, including:

• Document 1: Job description – This is the listing of the tasks the job requires.
• Document 2: Employment handbook – These are typically provided to employees and outline their duties and responsibilities.
• Document 3: Performance evaluations – These are the period evaluations an employee receives.
• Document 4: Disciplinary documents – These are the records of any disciplinary steps that were taken against an employee.
• Document 5: Responses to administrative charges – These are the responses the employee made to any charges.

Other documents that are helpful:

• Document 6: Communications between the employee and employer – This may include emails, text messages, memos, phone logs, and other types of communication.
• Document 7: Employment contract – Some positions have employment contracts that outline the duties and responsibilities of the employer and employee.

How Will This Evidence Make My Employment Law Case Stronger?

The types of evidence listed above can make an individual’s employment law case stronger by supporting their argument regarding what occurred. Although it might be tempting for an individual to try and resolve their issue on their own, it is best to have the assistance of an attorney who is familiar with the process and the requirements of each type of claim.

An employment law attorney is usually involved in drafting an employment contract, either on behalf of the employer or the employee. It is also important to have an attorney if a breach of the employment contract occurs.

One common type of employment law issue that requires supporting evidence is wrongful termination. A worker may have a wrongful termination claim if they were terminated for one or more of the following reasons:

• Discrimination: If an employer terminates a worker’s employment because the worker is a member of a protected class, it is regarded as discrimination and can constitute wrongful termination. The protected classes include:
  • race or color;
  • national origin;
  • gender;
  • religion;
  • age;
  • disability;
  • pregnancy; and
  • sexual orientation;
• Breach of the implied covenant of good faith and fair dealing: In some jurisdictions, courts hold that every employment contract contains an implied covenant of good faith and fair dealing;
  • If an employer terminates an employee for a reason that is contrary to an implied promise not to terminate employment except for good cause or is fabricated, this will be considered wrongful termination;
• Violation of public policy: If an employer terminates an employee because of their membership in a recognized group or political party, it may be considered wrongful termination;
• Family or medical leave: If an employer terminates an employee because they take qualified, unpaid leave that they were entitled to under the Family and Medical Leave Act, their termination could be considered wrongful;
• Retaliation: Employees are protected under various laws for reporting a number of different activities, including:
  • Sexual harassment;
  • Wage theft and other violations of the Fair Labor Standards Act;
  • Refusing to accommodate a disability under the Americans with Disabilities Act or religious requests;
  • A violation of the Occupational Safety and Health Act;
  • Whistleblowing: Whistleblowing occurs when an employee reports their employer’s illegal or unethical behavior to the appropriate authority or agency;
    • Whistleblowers are protected from firing under specific laws and regulations relating to whistleblowing.
  • Making a claim for worker’s compensation or other claim which a worker is entitled to make under federal or state law.

An employment lawyer will be familiar with the numerous state and federal agencies that enforce the state and federal laws that apply to employment issues. It is important to note that some types of claims must be filed by the worker with an agency first.

If that agency does not resolve their claim, the worker may then file a lawsuit in civil court for relief. An employment lawyer can help the worker gather the necessary evidence throughout both processes and guide them toward their desired resolution.

All of the different types of claims discussed above may require slightly different types of evidence, which a lawyer will know how to prepare and present. In addition, a lawyer will know the rules of evidence and how to ensure that each important piece of evidence is entered in court.

Employment lawyers can help both workers and employers file claims and defend against claims. An employment lawyer will be to help present the best evidence for their client and give them the best chance at obtaining compensation or avoiding a false allegation.

How to File Evidence in Court for an Employment Law Matter

Although an individual may be considering trying to pursue a claim against their employer by themselves, it is always best to have the help of a lawyer. Even if the claim has to be first filed with a state or federal agency and not in court, it is important to ensure that the deadlines and requirements are followed and that the proper evidence is submitted the first time to help ensure the claim is not dismissed.

Evidentiary issues are very complex and must follow multiple rules in order to be admitted in court. In addition, the opposing side will often argue to have the evidence excluded. An individual filing their own claim would not likely be able to argue against a seasoned business defense attorney.

Many businesses and companies have attorneys who handle any claims or lawsuits against them, making it much more difficult for an individual to succeed on their own. Having a lawyer on their case, however, greatly increases an individual’s chance at success because their lawyer will know the best evidence to present, how to present it, and how to ensure it gets admitted.

What If This Is Not Accepted by the Courts as Evidence?

There may be situations where certain pieces of evidence are not admitted or considered either by an agency or in a court of law. In these instances, if an individual was handling their own claim, they would likely not know how to respond or how to continue forward with their case.

An attorney, however, will be prepared for any evidence challenges that may arise and be able to argue against them or have the evidence admitting through an exception to a rule. A lawyer will also likely have other evidence that can be used to prove their argument, especially if it is essential to the case.

How Can a Lawyer Help Me With My Evidence?

If you are involved with any type of employment-related dispute, it is important to consult with an employment lawyer as soon as you can. Many employment-related claims must be filed within a certain time period and will require certain types of evidence that may take time to obtain.

Your lawyer can help guide you through the process of filing your claim with an agency. If your claim is not resolved at that level, your lawyer will help you file a lawsuit in court and represent you to ensure the best case is presented on your behalf.