Gathering Evidence For Your Wrongful Termination Case In West Virginia

In this article, you can discover…

• The important forms of evidence that can help prove wrongful termination.
• How to properly document interactions with your employer and workplace changes.
• The role of witness testimony in your wrongful termination case.

What Are The Key Forms Of Evidence In A Wrongful Termination Case In West Virginia?

Tangible communications between yourself and your employer are always helpful. These can include emails, letters, and even text messages. Were you given a reason in writing for your termination? Hold onto it. Copies of employee handbooks are also useful, as these can help determine if company policies or rules were broken when management handled your case.

If you filed an unemployment compensation claim, you and your attorney can request a complete copy of that claim file from “Workforce West Virginia”. In this file, your attorney will check to see if a reason was given for your termination.

How Can I Document Interactions With My Employer Effectively?

One of the most helpful ways to document interactions with your employer is to keep a log or journal. Record the date, time, and place the interaction took place, what happened, and what was said to you.

You can even document these incidents long before you’re terminated, when you begin to suspect or notice discriminatory behavior. Additionally, be sure to save any emails or text messages between you and your employer that point toward discrimination or different treatment.

Can you record verbal conversations with your phone? While this may seem like a simple way to record information, the legal implications of this option can be a double-edged sword. West Virginia does not require both parties’ consent for a conversation to be recorded.

However, if a recording of a verbal conversation is used as evidence, anything you say during the conversation will be entered into evidence as well, and this could ultimately hurt rather than help your case.

Generally, it is a better idea to document interactions with a journal rather than with a voice recorder, as this keeps the information limited to the actions and comments of your employer.

Attorney Eddie Wagoner is a caring, hard-working employment law attorney serving West Virginia. For over 15 years, he’s helped clients just like you gather helpful evidence to prove a wrongful termination and seek the damages they deserve.

Have questions, or in need of legal guidance? Reach out to Hansberry & Wagoner, PLLC, for an initial consultation today.

Call for a Consultation! (304) 443-9138 (Morgantown) | (304) 898-8484 (Bridgeport)

What Role Do Performance Reviews Play In Supporting My West Virginia Wrongful Termination Case?

Performance reviews can be incredibly important. They are meant to be an indicator of your performance over time, and sudden dips in your performance review scores following a workplace injury or an acquired disability could indicate a wrongful termination.

This is especially true if you previously had a strong track record with your company and had been there, performing well, for a while. If copies of these performance reviews are available to you, it’s important to share them with your attorney.

Can I Use Witness Testimony To Support My Harrison County, WV, Wrongful Termination Claim?

Yes. Affidavits from witnesses, such as co-workers, can sometimes prove very helpful in supporting your case. While not every case has witnesses to discriminatory behavior, if someone saw or heard something important, your attorney could reach out to and question those witnesses under oath. Depending on the background of your case, your lawyer might use their testimony to support your claim of a wrongful termination.

Should I Document Changes In Work Assignments Or Expectations?

Yes. While an employer has the right to change work assignments and expectations, they can not do so for discriminatory or retaliatory reasons. Be sure to log any such changes in a journal and hold onto any emails or documents that demonstrate a change in hours, pay, or work assignments.

Attorney Eddie Wagoner is a caring, hard-working employment law attorney serving West Virginia. For over 15 years, he’s helped clients just like you gather helpful evidence to prove a wrongful termination and seek the damages they deserve.

Have questions, or in need of legal guidance? Reach out to Hansberry & Wagoner, PLLC, for an initial consultation today.

Call for a Consultation! (304) 443-9138 (Morgantown) | (304) 898-8484 (Bridgeport)

What Information Should I Collect From HR Before Leaving My Job?

When you are suddenly terminated, you may not have the chance to collect documents from HR. As it happens, West Virginia law does not allow employees to see their personnel files without permission. While you can still ask HR for a written reason for your termination, a written copy of any disciplinary actions, and even a copy of your personnel file, they might not willingly hand these documents over.

What Happens When Evidence Suggests Discrimination But Isn’t Definitive?

Most wrongful termination cases deal with circumstantial rather than direct evidence. Once your case has been filed, your attorney will begin the process of discovery, gathering documents, and even interviewing witnesses under oath.

It’s important to know that your employer will try to rebut your evidence and argue that your termination was non-discriminatory, so developing strong responses to these protests will be important. Your lawyer will help sort through information, build a strong case, and use the circumstantial evidence available to point toward a wrongful termination.

Still Have Questions? Ready To Get Started?

For more information on West Virginia Wrongful Termination Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (304) 443-9138 (Morgantown) | (304) 898-8484 (Bridgeport) today.