Using Direct Evidence to Prove a Workplace Retaliation Claim
In order to successfully prove a workplace retaliation claim, your OrangeCounty business lawyer will need to gather sufficient evidence of your former employer’s motive for the retaliation in the first place. This is commonly referred to as retaliatory intent, which is often proven through the use of direct evidence.
What Is Retaliation?
Retaliation is when you are fired, demoted, reassigned, denied benefits, denied promotion, or not hired solely because you opposed an unlawful employment practice, such as discrimination or sexual harassment. It should be noted that such “adverse employment action” qualifies as retaliation if it puts you in a worse situation in your employment as a result of the protected activity.
What Is Direct Evidence?
Your OrangeCounty business lawyer will need to prove your claim of retaliation or your employer’s retaliatory motive by using direct evidence. Proving direct evidence in an employment claim is not easy to do.
Direct evidence is any evidence that, if believed, proves the existence of a fact without inference or presumption. In other words, it is the “smoking gun” evidence that the employer had for the retaliation. A simple example includes where the employer directly tells the employee that they are not promoted because of filing a discrimination suit.
However, the Supreme Court has not yet set a specific standard or definition as to the specific direct evidence needed to prove retaliatory intent. As such, a good OrangeCounty business lawyer will need to look at what the lower courts have ruled to determine if they have the necessary direct evidence to prove the element of retaliatory intent.
Until the Supreme Court addresses this issue, it is important to hire an experienced OrangeCounty business lawyer who is skillful at gathering the direct evidence needed to prove retaliatory intent.
For more information about whether there is sufficient direct evidence to prove your employer’s motive for the retaliatory actions against you, you should consult with an OrangeCounty business lawyer. Call Daily Aljian LLP today at (949) 861-2524 to schedule a complimentary consultation with an OrangeCounty business lawyer.