The facts may appear evident to a victim of wrongful termination, harassment, or retaliation. After all, it may seem like something that everyone should be able to see if you have endured an employer or management treating you unfairly or illegally at work for a prolonged period of time.
However, despite what might appear unfair, many instances cannot be judged only on how a person feels. It is frequently required to provide evidence that you were fired or harassed that is more concrete. That is why having the testimony of one or more witnesses might be crucial to establishing your case. Read on to learn why this is so important and then contact PLBH at (800) 435-7542 to request a free legal consultation.
It all comes down to who the judge or jury believes
It may often come down to who a judge or jury believes in employment law cases: the manager who insists he did not harass an employee or the employee who said he did. What if you had a second witness, such as an employee who is not entitled to compensation from the lawsuit, who could attest to having seen the harassment?
It can significantly affect an employee’s capacity to prove his or her case if a witness is willing to testify that he witnessed the harassment or sign a statement attesting to it. When a jury may not be sure who to believe, it might be absolutely crucial both during settlement negotiations and throughout a trial.
Examples that show the importance of a witness statement
Take a situation of relation, for instance. Employee X might have been informed that his termination was due to other factors, such as poor performance or a lack of work, if he had complained about safety violations prior to the termination. It might be challenging to refute this justification. Employee X was dismissed in retribution for complaining about safety, but if employee Y claims the manager warned him not to complain about safety if he wants to keep his job, that would be proof.
Comparably, it could be challenging to demonstrate that a worker was the victim of sexual harassment at work. A manager might have harassed a young waitress into going out on a date with him, cornered her and tried to get her to kiss him, or grabbed her bottom as she passed past him. While it could be difficult for the waitress to substantiate these claims on her own, it would be far more convincing if her coworkers signed statements attesting to their knowledge of the harassment.
A benefit of having witness statements is that these witnesses are frequently thought to be more believable because they have nothing to gain by testifying or giving a statement; in fact, they might get into trouble with their supervisor as a result. This can make these claims even more valuable in supporting a claim under employment law.
Contact an experienced attorney for help
Obtaining a witness statement might assist you support your case if you have experienced workplace harassment or retaliation from your employer. An experienced employment law attorney can assist you in compiling solid evidence to support your claim, including by using witness statements.
Our devoted staff at PLBH has more than 50 years of combined expertise managing employment law cases. Set up a free initial consultation with us by calling (800) 435-7542 or emailing info@plblaw.com to discover more about how we can assist you.