If you believe you were fired for an illegal reason, proving wrongful termination will be essential to winning your case. In these lawsuits, the burden of proof is on you—the employee—to show that your employer acted unlawfully. This can be challenging because most employers will not admit the true reason behind your termination, especially if it could expose them to legal liability. That’s why having solid evidence is so important when pursuing a wrongful termination claim.
Direct Evidence
Direct evidence is the strongest type of proof in a wrongful termination case. This may include written or recorded communications that clearly reveal the real reason for your dismissal. Emails, text messages, voicemails, or memos that indicate bias, discrimination, or retaliation can be powerful tools. Witnesses to conversations where management made inappropriate comments or admissions may also support your case, especially if they confirm that your termination was related to an unlawful motive.
Circumstantial Evidence
Most wrongful termination cases rely on circumstantial evidence rather than direct admissions. If your employer gave a false or shifting explanation for your firing, or if the circumstances surrounding your termination suggest discrimination or retaliation, you may be able to build a strong case using indirect evidence.
One common form of circumstantial evidence is inconsistent justifications. If your employer gives multiple or conflicting reasons for your termination, it may indicate that they are hiding the real motive. For instance, if your employer initially cited performance issues and later claimed it was due to restructuring, a court may view that inconsistency as suspicious.
You may also be able to point to patterns of conduct. If other employees in similar circumstances were treated differently or also wrongfully terminated, it could help demonstrate a broader discriminatory or retaliatory practice. Showing that your termination fits into a larger pattern of biased treatment can strengthen your argument.
Another strong form of circumstantial evidence involves changes in your performance evaluations. If you consistently received positive performance reviews and were suddenly fired for alleged poor performance without prior warning or documentation, it may indicate that the stated reason for your firing is pretextual.
Evidence of retaliation can also be key. If you reported workplace misconduct—such as harassment, discrimination, wage violations, or safety concerns—and were terminated shortly thereafter, the timing itself could support a retaliation claim. Courts often view close timing between protected activity and termination as a potential red flag.
Additionally, you may be able to prove wrongful termination by documenting patterns in how you were treated at work before your dismissal. If your employer subjected you to repeated derogatory remarks, isolation, or other unfair treatment, and those issues culminated in your firing, this context may be used to challenge the legitimacy of the employer’s actions.
Although you must prove your case, presenting enough evidence to cast doubt on the employer’s explanation can shift the burden back to them. If your employer cannot produce documentation or a legitimate reason for your termination, they may be held liable under state or federal law.
Gathering evidence early is essential. You never know what document, witness statement, or email might persuade a judge or jury. That’s why it’s critical to begin collecting records and making notes as soon as you suspect something is wrong. The more information you can provide to your employment lawyer, the better prepared they will be to develop a strong legal strategy.
Contact a South Jersey Wrongful Termination Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If you believe your employer wrongfully terminated you or forced you to resign under illegal circumstances, contact a South Jersey wrongful termination lawyer at The Law Offices of Leo B. Dubler, III, LLC. You can schedule a free consultation by calling 856-235-7075 or filling out our online contact form. We have offices in Mount Laurel and Atlantic City and proudly serve clients in Cherry Hill, Burlington County, Camden County, and throughout South Jersey.