If you believe you have been the victim of illegal discrimination or retaliation, there are several pieces of information you may be asked for by an attorney. The preparation of a concise timeline will help you explain to the attorney when and why the working relationship deteriorated. This process will force you to organize your thoughts and focus on the important facts. You may also want to prepare a list of reasons you believe you have been the victim of illegal discrimination. A list of any witnesses to the misconduct, along with contact information, is also useful.
It is helpful to know who made the decision to terminate or demote you. Although there is usually more than one person involved in the process, not all of these individuals are necessarily decision makers. A decision maker may include supervisors, co-workers or management personnel alike. If you are a long-term employee with a good record who has only recently been having difficulty, consider any changes that may explain the deterioration of the employment relationship - such as a new boss, etc.
Generally, an attorney will want to know whether the employer has filled your position with another employee. If so, it is helpful to know how the replacement is similar or different from you, as well as how the replacement's qualifications compare with your own.
Without violating any of your employer's policies or applicable laws, you may want to copy any documents that support an argument of illegal discrimination or retaliation. For instance, if you believe that you were terminated in retaliation for filing a workers' compensation claim, documents regarding when the work-related injury occurred, when you filed a worker's compensation claim, and when disciplinary action was first taken against you will be helpful to evaluating your potential claim. In retaliation cases, courts are generally inclined to find retaliation when the termination occurs soon after the employee has engaged in protected activity.
Why an Employee's Work History and Past Evaluations Can Be Relevant
Because an employer can successfully defend against a claim of discrimination or retaliation by proving a "legitimate" reason for the termination, an attorney will need to explore your past work history with you. Needless to say, an employee with several disciplinary actions and poor evaluations is not on equal footing with an employee who has always enjoyed stellar evaluations. While disciplinary action can be motivated by illegal discrimination, you must be prepared to talk candidly about any such action so your potential claim can be reasonably evaluated by the attorney.
In an economic climate where jobs are increasingly difficult to find, it is critical that employees not lose their jobs illegally. This being said, proving an illegal motive on the part of the employer can be difficult. You can help your chances of prevailing on an employment-related claim by contacting an experienced lawyer early in the process.
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Should you file a lawsuit? You won't know until you talk to an experienced attorney. Contact us or call us at (888) 633-0360 to arrange a free, confidential consultation. You can get answers, find out what happened, and help prevent similar needless injuries from happening to other people, too.
We handle our cases on a contingency-fee basis: if we can't help you recover money damages, you won't pay attorneys' fees. When you meet with us to discuss your case, it will be with an attorney, not an investigator or paralegal. We also have Spanish and Ukrainian interpreters available. Contact us today to get us started on investigating your claim from our Cleveland headquarters.
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For more than 65 years, the attorneys at Spangenberg Shibley & Liber have represented victims of consumer fraud in lawsuits throughout Ohio and beyond. Our attorneys have access to the most sophisticated technical and medical resources available to investigate and prepare your case to win. When the insurance company lawyers see our name on the lawsuit, they know it is well researched, carefully investigated and thoroughly prepared. For you, that means insurance company lawyers come to the table prepared to discuss a full and fair settlement - or we'll see them in court.
Remember, if you have a claim, there is most likely a statute of limitations clock running, after which you won't have the right to file a lawsuit. Protect your rights by contacting us today or calling us at (888) 633-0360.
