In this article, an Irvine employment lawyer explains how your attorney might go about obtaining evidence that indicates discriminatory intent on the part of your employer.
The primary purpose of obtaining a deposition from the decision-maker is to elicit evidence that directly supports the premise that the action taken against the plaintiff was intentional. In order to do this, the questioner has to bring the interviewee to an admission of deliberate adverse action due to the employee’s protected standing. Failing that, the defendant-employer must acknowledge that he or she spoke in an overtly intolerant manner when the adverse action was discussed.
Finding the Proof
If overt proof of intent cannot be found, then indirect evidence must be sought. To do so, your attorney must bring to light the reasoning behind the employer’s action against you. This can normally accomplished through the simple expedient of questioning the employer about the underlying cause for the decision not to employ you, to terminate your position or to move you to one that is inferior to what you held before. Secondly, proof must be found that impeaches the employer’s justification of this action.
For such proof to be found, your attorney will examine the following:
- Standard company procedures concerning disciplinary matters and policies in place. Documentation of discipline-related complaints can stand as proof if there were any disciplinary complaints against you that were not documented, that they were slight in nature and did not merit the adverse action being contested;
- Any relevant documentation such as performance evaluations, letters of counsel or reprimand, notes or any other related paperwork in your personnel file, etc;
- Any possible hostility on the part of any of the people involved in the decision. Even if the person making the final decision has nothing against you, he or she may be acting on the recommendation of someone who does harbor ill-feeling. If so, this must be brought into the open;
- Your overall performance on the job, and any files concerning you that the employer maintains; and
- Comparison of the treatment accorded to you with that of other employees in situations resembling yours, their respective credentials, etc.
If You Have Employment Issues
If you feel that you have been a victim of workplace discrimination, you will need the services of an experienced Irvine employment lawyer. Contact Daily Aljian LLP by calling 949-861-2524 today.