Comparator Evidence: Finding the “Someone Like Me” for Your Case

When you’re fired, demoted, or disciplined unfairly, it’s natural to wonder why. You might feel like you’re the only one singled out — but in employment law, how you feel isn’t enough. The law demands proof. And one of the most powerful forms of proof comes from finding the “someone like me.”

That’s what lawyers and courts call comparator evidence — showing how another employee in a similar situation was treated differently. Maybe a coworker broke the same rule, had the same boss, or worked under the same policies — yet kept their job or got a lighter consequence. That comparison can reveal what’s really happening behind the scenes.

In Michigan discrimination and retaliation cases, comparator evidence often makes or breaks the claim. Judges and juries look closely at whether an employer’s stated reason for firing or disciplining someone holds up when compared to how other employees were treated.

That’s why Batey Law digs deep into workplace records, performance histories, and policy enforcement to find those comparisons. They’re the key to transforming what feels like personal mistreatment into something the law can recognize — and remedy.

What Is Comparator Evidence — and Why It Matters

When you’re trying to prove discrimination or retaliation, it’s not enough to show that something unfair happened — you have to show that it happened for an illegal reason. That’s where comparator evidence comes in.

In plain English, comparator evidence means showing that a coworker in a similar situation — someone with the same role, same supervisor, and same rules — was treated more favorably than you were.

It’s how Michigan and federal courts decide whether an employer’s actions were just “business decisions” or signs of bias or retaliation. Think of it like holding up a mirror: two employees, same situation — but one gets a warning while the other gets fired. That difference often exposes the truth.

For example, if your employer claims you were terminated for attendance issues, but a coworker with the same attendance record kept their job, that comparison can reveal pretext — legal shorthand for “the reason they gave isn’t the real one.”

Under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) and federal Title VII, comparator evidence is one of the most persuasive tools employees can use to prove that discrimination or retaliation actually occurred. It connects the dots between unfair treatment and unlawful motives — especially when the employer’s explanations don’t add up.

At Batey Law Firm, we use comparator evidence to shine light where employers hope no one looks. Because when two workers are treated differently under the same rules, the pattern speaks louder than any excuse.

What Makes a Good Comparator

Not every coworker is a fair comparison. In Michigan discrimination and retaliation cases, the closer the match, the stronger your case. Courts look for employees who are “similarly situated in all material respects.”

That means your “comparator” — the person you’re comparing yourself to — should share key traits that make the comparison meaningful. Think of it as apples-to-apples, not apples-to-oranges.

Here’s what courts and lawyers look for when identifying a strong comparator:

• Same supervisor or decision-maker — Was your boss the same person who made the decision in both cases? The law puts heavy weight on who actually had the power to hire, fire, or discipline.
• Same job duties or level — Titles don’t have to match exactly, but the work, responsibilities, and performance expectations should line up.
• Same rules or policies — Were you both held to the same employee handbook, attendance policy, or code of conduct? Consistent standards make inconsistent treatment stand out.
• Different treatment — Did your coworker get a lighter punishment, a better review, or a raise while you were denied one under similar circumstances? That’s where unfairness becomes evidence.

Example:
You’re disciplined for missing work because of a documented medical issue. A coworker without a medical condition misses the same amount of time — and gets a pass.
→ That’s not just unfair — it’s potential comparator evidence of discrimination or retaliation.

Courts don’t expect perfect matches, but they do expect fairness. When two employees under the same roof are treated differently by the same boss, that difference can speak volumes about motive.

At Batey Law Firm, we dig into workplace records to find those parallels — because when you find the right comparator, you often find the truth.

How to Gather Comparator Evidence Safely

When you suspect you’ve been treated unfairly, it’s tempting to start digging for proof — emails, HR files, pay records, anything that might back up your story. But here’s the first rule: don’t play detective on company property.

Even when your instincts are right, the way you collect evidence can affect your case. The goal is to be smart and strategic, not reckless. Michigan courts take confidentiality and privacy laws seriously — and so does Batey Law.

Here are some safe, practical steps to start protecting yourself and building your record:

• Document your own timeline.
  Write down every relevant meeting, warning, or review — with dates, names, and what was said. The sooner you document events, the more reliable your memory will be if your case goes to court.
• Note who’s treated differently.
  Keep track of coworkers in similar roles — who got promoted, who got written up, who didn’t. Names, dates, and outcomes matter. This information can help your attorney identify potential comparators later.
• Keep copies of your own documents.
  Save emails, performance evaluations, attendance notices, and policy handbooks that you received. These are fair game and can provide crucial context about how the rules were applied to you.
• Don’t access or remove confidential files.
  Avoid HR folders, payroll data, or private personnel records. Accessing those without permission can hurt your credibility — or even your case. Let your attorney obtain what’s needed through legal discovery tools like subpoenas or document requests.
• Consult an employment attorney early.
  An experienced employment lawyer knows how to find comparator evidence the right way. At Batey Law, we know what to request, how to protect your rights, and when to act.

By being careful, consistent, and informed, you can help your attorney uncover the evidence that turns suspicion into proof — and fairness into justice.

Why Comparator Evidence Is So Powerful in Court

When employers are accused of discrimination or retaliation, their first defense is almost always the same:

“We treated everyone the same.”

Comparator evidence is how you test that claim — and, often, how you prove it’s not true.

In court, comparator evidence exposes pretext — the gap between what an employer says and what they actually do. It’s one thing for a company to say you were fired for “policy violations.” It’s another to show that a coworker broke the same rule and kept their job. That difference reveals motive, bias, or retaliation hiding behind corporate language.

Think of it like showing two pictures side-by-side:

• One employee protected by law — maybe because of age, disability, or after reporting harassment.
• Another employee outside that protected category — treated more favorably under the same circumstances.

When juries see those comparisons, the unfairness becomes impossible to ignore. It turns an abstract legal argument into something everyone can understand: someone like you was treated better, and the only difference was something the law protects.

That’s why comparator evidence can be a game-changer in Michigan discrimination and retaliation cases. It gives the court something concrete — not speculation, but proof.

At Batey Law Firm, we use this kind of evidence to show patterns, expose inconsistencies, and tell the story your employer hopes no one will see. Because when the facts are laid side-by-side, the truth usually speaks for itself.

Find Your Proof — and Your Advocate

Comparator evidence isn’t just legal jargon — it’s how real Michigan workers prove unfair treatment and hold employers accountable. The right comparison can turn a “he said, she said” situation into solid, undeniable proof of discrimination or retaliation.

If you suspect you were treated differently because of your age, race, gender, disability, or because you spoke up, you may already have the most powerful evidence on your side — someone like you who was treated better.

You don’t have to figure it out alone. At Batey Law Firm, we know how to find the patterns, uncover the proof, and build the case that tells your story the right way.

Contact Batey Law Firm, PLLC for a confidential consultation:
📍 30200 Telegraph Rd, Suite 400, Bingham Farms, MI 48025
📞 (248) 540-6800
🌐 www.bateylaw.com
💼 Batey Law Is Employment Law.

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