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How to Prove Discrimination in Wrongful Termination

Because discrimination is often the result of a gut feeling that you weren’t treated well, it can be difficult to know whether or not you have a valid case. Here are guidelines to decide if you were the victim of discrimination and whether you should consult a wrongful termination discrimination lawyer in Los Angeles.

Wrongful Termination

If you believe your fate was determined by factors out of your control, seek legal advice on how discrimination may have been at play. Source: FreeDigitalPhotos

The best way to prove that discrimination occurred is through direct evidence. An example of direct evidence includes statements from managers or supervisors regarding the action that was taken against you. This can be in the form of a verbal comment, or a letter, memo, or note.

In discrimination cases, direct evidence is very rare. Instead, most cases depend on circumstantial evidence. When dealing with circumstantial evidence, start by asking these four questions:

  • Are you a member of a protected class? To claim age discrimination, for example, you must be older than 40. And to claim disability discrimination, you must be disabled or perceived to be disabled by the discriminator(s).
  • Were you well qualified for the position?
  • Can you demonstrate that your employer took adverse action against you, such as a demotion or termination?
  • Were you replaced by an individual who is also in your protected class?

If you answer yes to the first three and no to the last, this can be combined with other circumstantial evidence to help prove your case. Observations about how you were treated compared to others not in your protected class, your employer’s history with discrimination, and your employer’s adherence to company policy are other factors to consider.

With these guidelines, you can help determine whether or not discrimination in the workplace has occurred. If you are ready to retain a wrongful termination Discrimination Lawyer in Los Angeles, contact us at Jackson & Associates for more information about our services.

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California Sexual Harassment and Discrimination Attorneys Disclaimer:
The California employment law, trial information, mediation or other legal information presented at this site should not be construed to be legal advice, nor the formation of an attorney-client relationship. Any results set forth herein are based upon the facts of a particular case and do not represent a promise or guarantee with respect to your case.

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