How Do You Prove Wrongful Termination?

Jeff Varcadipane

February 16, 2022

How Do You Prove Wrongful Termination?

Wrongful termination means a person gets fired in a way that violates their rights or the law. Sometimes, it can be difficult to identify when wrongful termination occurs, and it can be even more challenging to prove it. The success or failure of a wrongful termination case often hinges on the ability of the former employee to prove that the reason the employer stated for firing them is fabricated, and the right lawyer can help with this. 

At-Will Employment

Every state except Montana allows employers to fire at-will employees any time without reason, but even at-will employees cannot be fired for reasons that violate employment laws or public policy. If you are one of the following, you are likely not an at-will employee, which is important to your case:

  • Union members
  • Civil service employees (those with government jobs)
  • Workers with employment contracts (even unwritten ones), such as a law firm partner or a tenured professor

At-will employment does not give your employer the right to fire you for wrongful reasons. 

Ways to Prove Wrongful Termination

The first thing you should do if you feel you’ve been wrongfully terminated is write down everything you remember leading up to and during your termination. Be as detailed as possible and include direct quotes, times, and dates. Your written account is most compelling if it is written soon after being terminated when the details are fresh. Diary entries, text messages, emails, and so on are often admissible in court.

Some of the evidence you’ll want to gather before consulting with a wrongful termination attorney include:

  • Again, a detailed written account with a timeline of what happened when you were fired (diary entries, emails, and text messages are admissible in court)
  • Employment contracts, if applicable
  • The company’s employee handbook
  • Performance evaluations
  • Inter-office memos
  • Pay stubs
  • Statements from your co-workers (eyewitness testimony)
  • Any other emails, texts, or diary entries you have that may be relevant (If you wrote the day before you were fired that you felt you were being set up to look like you misplaced a legal brief, for example)
  • Anything else you can think of to prove your case (For example, proof of other minority groups being fired by the firm)

What Can Be Used as Evidence of Wrongful Termination?

Anything that is admissible in court can be used in a wrongful termination suit. Legally obtained evidence that may not necessarily be admissible in court may still be effective in trying to reach a settlement. These things can not be used in court:

  • Hearsay evidence 
  • Privileged evidence
  • Irrelevant evidence 
  • Character evidence
  • Unfairly prejudicial evidence

Evidence rules are complicated, but your lawyer will review possible evidence to build the strongest case possible to prove wrongful termination in your situation. 

Consult with New Jersey Wrongful Termination Lawyers

Varcadipane & Pinnisi are serious lawyers for serious wrongful termination cases. We are tough and experienced New Jersey employment lawyers eager to help you prove your wrongful termination case. Set up a free consultation today.

Let Us Fight For You

Need Help? Contact us 24/7

Free Consultation img (800) 616-2916

New Jersey Personal Injury Lawyer

Request Your
Free Consultation

Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at (800) 616-2916

    • "The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

      Charles D. Client

    • "When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi got m..."

      Richard L. Brandbliss

    • "Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

      Donna H. Client

    • "I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

      Kenneth K. Client

    • "Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

      Jennifer S. Client

    • "Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

      Rick P. Client

    • "I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

      Cheri C. Client

    • "To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi is that..."

      Carlo R. Client

    • "They were outstanding in every way and I couldn’t be more pleased! "

      Ana R. Client

    • "The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

      I.S. Client

    • "Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

      Anonymous Client

    • "I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

      Peer Review Birth Injury Attorney

    • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

      Peer Review Personal Injury Attorney

    • "Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

      Peer Review Car Accident Attorney

    • "Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

      Anonymous Client

    • "I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

      Peer Review Criminal Defense Attorney

    • "I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

      Peer Review Personal Injury Attorney

    • "“Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm.” "

      Donna H. Client

    • "“Varcadipane & Pinnisi were successful in negotiating our claim Professional and knowledgeable.” "

      East Coast Management Client

    • "“The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, ..."

      Charles D Client

    • "“They were outstanding in every way and I couldn’t be more pleased!” "

      Ana R. Client

    From The Blog

    view more blog posts