What types of evidence can I use to prove a wrongful termination case?
In Arizona, a wrongfully terminated employee can use a variety of evidence to prove the employer unlawfully terminated them. This includes items such as written or recorded conversations that demonstrate the employer acted out of unlawful motives, employer policies and procedures that were violated, emails or text messages between the employer and employee that could indicate unlawful motives, witness testimony, and records that illustrate the employee’s performance. In addition, the employee can also use evidence to demonstrate they were treated unfavorably compared to other employees in similar situations, such as disparate treatment based on protected class status or disciplinary action taken over minor violations they did not commit. This can be proven by showing that other employees with similar characteristics did not face the same consequences for similar infractions or that the employer treated the employee differently because of a protected class status, such as race or gender. It is also possible to demonstrate the employer did not follow proper dismissal procedures or that they misrepresented the reasons for termination when speaking to the employee or providing a statement to the court. Such evidence can include memos from the employer outlining incorrect or false reasons for the dismissal, or testimony from other employees or witnesses who can attest to the employer falsely representing the facts. Finally, an employee may also submit performance reviews that demonstrate they had been performing well before their dismissal or other records that show any promises or agreements made between the employer and employee that were not kept. By collecting and presenting this evidence, an employee may be able to prove their case of wrongful termination in Arizona.
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