Federal employment law makes it illegal for employers to base termination decisions on an employee’s age, sex, religion, ethnicity, and several other protected classifications. While employees who suffer wrongful termination have the right to sue for damages, proving intent in these cases is often extremely difficult. In most cases, achieving justice and establishing your employer’s motive requires the expertise of a skilled employment law attorney.

Proving Intent in a Wrongful Termination Case

Why Proving Discrimination Is Difficult

Because they understand terminating an employee because of their marital status or country of origin is illegal, employers who do so will often fabricate excuses to cover their actions. Unless you were the target of overt, documented discrimination in the workplace, your attorney will likely have to assemble a case out of circumstantial evidence.

Collecting Circumstantial Evidence

The evidence you’ll need to prove motive in a wrongful termination suit varies from one situation to the next, and it will depend on the circumstances of your firing. One effective strategy is to prove the reason given for your termination is not accurate. For instance, if you were accused of having a negative interaction with a client, the attorney may collect testimony from the customer declaring all of your interactions were positive.

They may also attempt to show that other workers who were guilty of similar infractions were not terminated as a result. If, for example, you were supposedly fired due to a negative performance review, your lawyer may be able to prove wrongful termination by showing other workers with lower scores were not fired. While this alone may not establish a motive, it can help show your employer was not honest about the reasons for your termination.

Proving wrongful termination is often difficult, but the skilled employment law attorneys at MacVean, Lewis, Sherwin & McDermott, P.C. have the experience and expertise needed to ensure your rights are protected. As one of the oldest law firms in Hudson Valley, they’ve served clients throughout Middletown, NY, for over 130 years. Visit their website to learn more about their employment law services, and call (845) 343-3000 to schedule a consultation today.