Employment cases often involve disputes between employees and employers regarding various issues such as discrimination, wrongful termination, harassment, or wage and hour violations. Understanding the burden of proof is vital to seeking justice and building a successful case. The burden of proof refers to a victim’s legal obligation to provide sufficient evidence to persuade a judge or jury of the validity of their claim.
With the help of the leading employment lawyers at Blackstone Law, this can be met by presenting credible evidence that is more convincing and has greater weight than the evidence presented by the opposing party. We are prepared to fiercely advocate on your behalf, no matter the type of employment case you may be facing. We have helped countless individuals fight for the damages they deserve, from front and back pay, reinstatement of their employment, and other losses.
What Is the Burden of Proof for Employment Cases in California?
Employees seeking justice in an employment claim bear the burden of proving their case by a preponderance of the evidence, which means they must present sufficient evidence to convince the trier of fact that it is more likely than not that their employer violated the law.
For example, in a discrimination case, the employee must provide evidence of discriminatory treatment. Discriminatory treatment in the workplace refers to the unequal or unfair treatment of employees based on protected characteristics, which can include the following examples:
- Discrimination based on race: Treating employees differently based on race or ethnicity. This can include hiring, promotions, pay disparities, or racially motivated harassment.
- Discrimination based on disability: Treating employees with disabilities less favorably or denying reasonable accommodations needed to perform their job duties. This may also include refusing a reasonable doctor-prescribed work leave.
- Discrimination based on gender: Treating employees differently based on gender, which may include wage disparities for similar work or denying promotions based on gender. This may also include sexual harassment.
You must show that you suffered an adverse action, such as demotion, termination, or harassment, due to being a member of a protected class.
5 Types of Evidence You May Need to Satisfy the Burden of Proof
When pursuing an employment claim and seeking to satisfy the burden of proof, it is essential to gather and present various types of evidence to support your case. The specific evidence required may vary depending on the nature of your claim.
The following are common types of evidence that may increase the success of an employment claim:
Documentary Evidence
This includes written or recorded materials that support your claim, which may include employment contracts, emails, texts, memos, performance evaluations, disciplinary records, company policies, job postings, pay stubs, or time and attendance records. These documents can provide valuable information about your employment history, job responsibilities, treatment, and any discriminatory or unfair practices.
Witness Testimony
Testimony from witnesses with firsthand knowledge or observed incidents relevant to your claim can be vital. This may include co-workers, supervisors, subordinates, or others who can provide detailed accounts or corroborate your allegations. Their statements can strengthen your case and provide additional credibility to your claims.
Personal Testimony
Your own testimony under oath is also a form of evidence. Providing a clear and detailed account of the events, discriminatory actions, or unfair treatment you experienced is important. Your testimony should be consistent, credible, and supported by any available corroborating evidence.
Expert Testimony
In some cases, expert witnesses may be necessary to provide specialized knowledge or opinions relevant to your claim.
Written Complaints or Grievances
If you reported discriminatory or unfair treatment to your employer, retaining copies of any written complaints, grievances, or requests for accommodations can be essential. These documents demonstrate you took appropriate steps to address the issues and provide a record of your concerns.
Consult with experienced employment lawyers who can assess your specific situation and guide you through the process of gathering the necessary evidence to satisfy the burden of proof in your unique claim. At Blackstone Law, we can gather and present evidence to increase your chances of a favorable outcome.
Contact the Leading Employment Lawyers at Blackstone Law
If you believe you have suffered workplace discrimination, harassment, wrongful termination, or other employment-related issues, seeking the legal guidance of Blackstone Law is imperative to building a strong claim that satisfies the burden of proof. We will fiercely protect your rights and seek appropriate legal remedies on your behalf.
Contact one of our award-winning employment lawyers today by calling (310) 956-4054 or filling out a contact form.