One of the most common questions we get when someone contacts our law firm is, “Do I have a good case?” It’s a worthy question that deserves the attention of an experienced California employment law attorney. Answering this question requires nuance and an understanding of the various factors at play. These factors can include, but are not limited to, the reason for the termination of the employment, the duration of your employment, your salary, the egregiousness of the conduct you were subjected to, arbitration provisions in your contract, performance reviews, and, potentially most importantly, documentation and proof.
Documentation is Key in California Employment Law Cases
Are you able to prove your case without simple “he-said-she-said?” A war of words can be a war of attrition in the courtroom. Sometimes unless you have proof, it’s a battle to see who gets exhausted, admits defeat, or provides better testimony.
As a boutique law firm, we strive to provide personalized attention including extensive review of documents and witness interviews to ensure the necessary proof is present. Sometimes without any documentation or witnesses, we have to be honest that your case may be difficult to win. Civil litigation doesn’t require the same level of proof that a criminal case does, but there still needs to be tangible evidence that the alleged wrongdoing occurred.Â
If you’ve gone to HR, shared emails about the issue, sent and received text messages, or taken any documented effort to prove your case, it’s important to provide all available evidence to your attorney to give yourself the best chance of winning. Comprehensive documentation can turn the tide in your favor and make your case more compelling and credible.
How Do You Prove Employment Discrimination in California?
As we mentioned in our previous blog, we take pride in supporting employees across the state of California. This includes workplace discrimination cases, which are often more complicated than people realize.
To prove employment discrimination, you generally need to be part of a protected class and have been targeted at a level that rises above a mere nuisance. According to the California Civil Rights Department, employment-based discrimination applies to the following categories:
- Race, color
- Ancestry, national origin
- Religion, creed
- Age (40 and over)
- Disability, mental and physical
- Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions)
- Sexual orientation
- Gender identity, gender expression
- Medical condition
- Genetic information
- Marital status
- Military or veteran status
In discrimination cases, evidence can include unfair treatment compared to colleagues such as lack of promotion or demotion, sudden changes in job responsibilities, unjust performance reviews, or even wrongful termination. Again, documentation can be key in these cases.
Your Story Deserves to Be Heard
Look, we believe if you’ve arrived on our website and on our blog you have a story to tell. If you believe you were wronged in the workplace and need the assistance of a California employment attorney to help you navigate what’s next. Our aim is always to hear the story of a client and apply the law to it.
We can’t promise that you have a case or that we can help, but we strive to review the facts you provide to us, analyze it under the legal frameworks and avenues available to us and if possible get you the compensation you deserve. For a dynamic employment law attorney who is fighting for the rights of workers in the San Francisco area and across California, contact Brandon Banks Law, APC for a free consultation.
