What evidence do I need to prove a wrongful termination claim?

In order to prove a wrongful termination claim in California, you must provide evidence that your employer fired you for unlawful reasons. This is known as a “wrongful termination.” The most common forms of unlawful termination in California include discrimination, harassment, retaliation, and breach of contract. For discrimination, you must provide evidence that shows you were treated differently compared to similarly situated employees. This may include proof of performance reviews, disparities in pay or benefits, or comments from coworkers or supervisors that suggest you were treated less favorably than other employees. For harassment, you must provide evidence of unwanted and unwelcome advances, comments, jokes, or other conduct that a reasonable person would consider offensive and hostile. For retaliation, you must prove that your employer fired you for having complained about an unlawful activity, such as discrimination, harassment, or workplace safety violations. For breach of contract, you must provide evidence that your employer violated the terms of your employment contract. This may include evidence of an implied agreement or a verbal agreement with your employer, or any written documents that contain the terms of your employment. In addition, you will also need to show that your employer’s unlawful action caused you harm, such as lost wages or lost benefits. If possible, you should also be prepared to provide proof of your efforts to mitigate that harm, such as job search documents or evidence of other job offers you received.

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