What Evidence Do You Need for a Workplace Lawsuit?

The evidence you need to prove a Michigan workplace lawsuit depends on the basis for your lawsuit. Employment-related lawsuits can relate to many different “grounds,” or fact patterns that violate one or more federal or state laws. Common grounds for workplace lawsuits include:

• Discrimination and harassment. Federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act, and state laws like Michigan’s Elliott-Larsen Civil Rights Act, protect workers from discrimination, harassment, and retaliation based on characteristics such as race, sex, and disability. Many workplace lawsuits claim an employer illegally failed to hire or promote, terminated, harassed, or disciplined an individual because of a protected characteristic.

• Retaliation and whistleblowing. Some workplace lawsuits involve a retaliatory “adverse action,” such as a transfer, demotion, or termination, after an employee engages in protected activity or takes protected FMLA leave. Protected activity includes, but is not limited to, filing internal complaints of discrimination, attempting to organize a union, discussing wages or working conditions, and “blowing the whistle” on unsafe environments or other violations.

• Wage theft. Employers illegally withhold an estimated $15 billion in wages from U.S. workers each year. Wage theft can involve misclassifying workers as independent contractors rather than employees, taking illegal deductions from workers’ pay, requiring employees to work “off the clock,” stealing tips, withholding a worker’s final paycheck, failing to provide sick time under Michigan’s Earned Sick Time Act, and other deceptive, illegal behaviors.

• Contract issues. An employee who has an individual contract with their employer or is covered by a collective bargaining agreement (CBA) can file a lawsuit to enforce their rights or recover compensation if their employer doesn’t comply with the contract terms.

Regardless of the grounds for your lawsuit, you can improve your chances of succeeding by gathering substantial, compelling evidence to support your claims.

Proving Your Case Depends on Persuasive Evidence

In today’s world of cameras, cell phones, and digital documentation, it’s hard to do anything that doesn’t leave a trail. However, an employer facing a lawsuit may act quickly to “clean up” evidence and make it harder for a plaintiff to obtain proof supporting their claim. If you believe you may have grounds for a workplace lawsuit, consult an experienced employment attorney immediately. They can help you plan strategically to obtain the evidence you need to pursue your claims.

Examples of potentially relevant evidence in workplace lawsuits include:

• Employee personnel files. Your hiring paperwork, employee handbook, performance reviews, records of disciplinary action, and any other documentation will usually be important to a workplace lawsuit. Your lawyer will make a formal request for a copy from your employer, but it may be helpful if you can obtain a copy (for example, to see if your employer removes or adds anything after you pursue legal action).
• Written communications. Download copies, print, or take screenshots of emails, texts, chat messages, and other perishable records that relate to your claims before you lose access to company networks and hardware. Direct messages and texts can provide strong evidence of sexual harassment and many other types of wrongdoing.
• Witnesses. Write down the names and contact information for people who know (or should know) about the circumstances relating to your lawsuit, relevant company policies, and the damages you suffered because of the wrongdoing. This may include coworkers, managers, former employees, HR representatives, and other people from your employer, as well as family members, doctors, and close friends. 
• Photos, videos, and other media. Visual documentation can provide powerful support for your claims. In addition to using your own recordings, your attorney can help you request video footage from surveillance cameras or other recording devices that may relate to your claims.
• Audio recordings. Michigan allows you to record a conversation you participate in without anyone else’s consent, but you cannot eavesdrop on and record other people’s conversations. However, your employer may have a policy prohibiting this behavior. The National Labor Relations Board supports employees’ rights to secretly record conversations relating to protected workplace actions, such as wages, working conditions, and union organization efforts.
• Charts and graphs. Experts hired by your attorney may prepare visual aids like charts or re-enactments to summarize evidence and support their testimony about it. Although these visual depictions aren’t technically evidence under the court rules, they can help convey complicated information clearly and persuasively.
• Timelines. Many workplace lawsuits rely on “inferences,” or conclusions that a reasonable person could make without direct evidence. For example, if an employer rescinded a job offer after the applicant announced her pregnancy, evidence of close temporal proximity could support an inference of pregnancy discrimination. Create a timeline of what happened and when, and include the documentation you have or could obtain to support your narrative.
• Damages. Your lawsuit will ask a defendant to compensate you for how their wrongdoing harmed you. This may include both economic damages (such as lost wages) and non-economic damages (such as emotional distress). An experienced attorney can ensure you ask for an amount that fully and fairly compensates you.

Unlike a criminal proceeding, to win a civil lawsuit, you must prove your case by a “preponderance of the evidence.” This means the judge or jury finds that your evidence shows “more likely than not” that the defendant wronged you and that you suffered damages.

Your attorney will work with you to gather evidence and build a persuasive case to present in court or during settlement negotiations. Strong evidence, compelling witnesses, and a skilled legal team give you the best chance of winning your case. 

Contact Sommers Schwartz, P.C. for a Free Consultation

The employment lawyers at Sommers Schwartz, P.C., handle a wide range of employment law cases, including workplace harassment, contract disputes, and wage theft claims. Contact us today to arrange a free, no-obligation consultation. We can help you understand your rights and legal options for addressing any workplace issues you face.