If you have been wrongfully terminated, then you should know that witness testimony can be your most important ally. Nonetheless, the witnesses in your wrongful termination case will be your colleagues who were working with you at the time you were employed.
Read on to learn more about how a witness statement matters in a wrongful termination case.
Call Previous Employees And Ask them Questions
One of the many things that you can do to make your wrongful termination case stronger is to call as many of your former colleagues as possible and ask them whether they have heard anything from the management about your termination. At this point, you don’t have to care about what they think, believe, or assume about your termination. Why, you might ask? The reason is that beliefs or assumptions are not evidence.
What you want to know is whether they heard any statements or if they have seen any documents, writings, text messages, or anything else in writing that suggests that you, in fact, were terminated for illegal, discriminatory, or retaliatory reasons.
Prepare for the Fact That Your Colleagues Wouldn’t Want to Talk To You
It is quite possible that some or even all of your former colleagues wouldn’t want to talk to you. They might be in retaliation, or they might still be employed. Maybe they just don’t want to be involved. Maybe they don’t want to deal with courts and lawyers. Nonetheless, you should know that it doesn’t hurt to ask, and it doesn’t cost anything to ask, either.
You must keep in mind that often, some of the people or even every one of your colleagues wouldn’t want to talk to you, but then one or even two people will have some very useful information about your case. Suppose you get some evidence of age discrimination, and you have some evidence that suggests that you were terminated because you are older. But – you realize that you don’t have a rock-solid case because your employer is more likely to have a bunch of other arguments as to why they terminated you, and all those arguments will have nothing to do with your age.
Also, imagine that you find one colleague who overheard your manager say that they need someone younger for your position. They might have said it behind closed doors to a manager or executive.
Contact Colleagues Who Are Friends with Your Manager on Social Media
Suppose you are in a situation where your colleague is friends with your manager on LinkedIn or Facebook, and your manager posts a comment about you suggesting that they want to get rid of you because you are older. Or, they might have said that they wanted someone younger in your position. Even a single text that contains this statement can create the difference between winning and losing your case. This aspect can also make a difference between having a strong and a weak case. A strong case leads to a stronger settlement, whereas a weak case leads to a small settlement.
Remember: You Must Prove the Wrongful Termination to A Judge or Jury
Of course, the value of your case also depends on you being able to prove your case in front of the judge or jury. Now, if you want to prove your case in front of the judge or jury, you need a good attorney by your side. Why, you might ask? The reason is that the burden of proof is on you. So, if you live in Colorado, you might want to contact a wrongful termination lawyer in Colorado who can help you prove your case in court and ensure that you get the rightful settlement that you deserve. The lawyer will prove that the reason or at least one reason for your termination has been discriminatory, such as age or retaliatory.
On that note, having evidence or witnesses to corroborate your story, and we are talking about witnesses who actually have factual information supporting your side of the story, can be critical.
The Best Part: Evidence Doesn’t Cost A Thing
Now, the best part about witness statements and evidence is that it doesn’t cost anything. Of course, it might take a little bit of effort on your part to call as many people as possible. But – if they don’t want to talk to you, then you shouldn’t make a big deal out of it. There is no harm in trying. If they don’t want to talk to you, you cannot force them. Of course, you can subpoena them – but – more often than not, when you subpoena these people, they are not going to tell you what you want to hear anyway.
However, you can leave those decisions to your attorney.
When it comes to the wrongful termination attorney, a question that often arises is whether it is all right for you to reach out to witnesses yourself or whether it is all right if your lawyer does that for you. The answer to this question depends on the circumstances that you are in. It also depends on the specifics of your termination as well as your situation.
Golden Rule: Contact Witnesses before Filing A Lawsuit
More importantly, you must contact the witnesses who are still working at the company before you file a lawsuit. If you contact your colleague after filing a lawsuit and after the employer has served the court order, your employer or the company might instruct or order their employees not to talk to you and not to talk to your lawyers. The point is that if you want to get some information from your previous colleagues that can help you in your case, then you need to reach out before contacting an attorney or filing a lawsuit.
Final Thoughts
At the time of talking to witnesses, keep your conversation polite and to the point, and try to have a nice conversation. The key is to talk to witnesses and get their statements before you hire an attorney. So, when you meet an attorney, you can share your facts with them and tell the attorney what your case is about. When contacting witnesses, make a list of their names, addresses, and phone numbers, and add a single line that summarizes their statement about your case. This way, your attorney will know what to expect from the witnesses.
