Employment law attorneys are frequently asked by people if they can record their bosses. In California, it is illegal to record someone without his or her consent. That is because California is known as a ‘two-party’ state. This means that if you were to record another person, they would have to give consent, otherwise the action would be a crime. Evidence of workplace discrimination can vary depending on the type harassment you have experienced.
Workplace Discrimination and Examples of Evidence
Health records: If you were assaulted at work and sought treatment at a hospital, you may have medical records or bills describing your injuries. The same is true for mental health care. Health records can be useful for building a case.
Pay stubs: Pay stubs or other income information provided by your employer can be useful for showing unpaid wages. In some cases, employers pay workers less, or below minimum wage, for discriminatory reasons.
Emails or messages: In some cases, you can save emails or messages with discriminatory language. These communications can show strong evidence of who is behind the harassment and what was said.
Keep a written log: You should keep an extremely detailed written log that contains information about the harassment or discrimination taking place. Take note of who said what and when. Also note the location and names of nearby witnesses.
Retain a copy of your employee handbook or contract: Always keep a copy of your employee handbook or contract. The information contained within can be extremely useful for building a case.
Why You Will Need Evidence of Workplace Discrimination
Evidence is extremely important in workplace discrimination cases. If you decide to approach HR first, this evidence will be useful for establishing a case in your favor. Should you choose to file a lawsuit, the more evidence you have, the easier it will be for you and an attorney to build a case against your employer.
The Los Angeles employment law attorneys at the Law Offices of Kesluk, Silverstein & Jacob can help workers who have been victimized by workplace discrimination.