Protecting Yourself: Importance of Documentation in Wrongful Termination Cases

Documentation is a crucial part of your wrongful termination claim. It helps you tell a compelling story of why you were not fired for a valid reason. A wrongful termination attorney will review why you need documentation, what documentation can help your case, and how to go about gathering it.

Why You Need Documentation in Wrongful Termination Cases

Without documentation, it’s just your word against your former employer. Documentation helps prove that you have a valid claim and that you aren’t just mad that you were let go.

For example, threatening direct messages and an HR harassment claim can help prove that you were fired for reporting harassment. If you have a history of positive performance evaluations and then you were fired for your performance, we can demonstrate that your employer lied about their reason for firing you.

What Documentation Can Help with Your Unlawful Termination Claim?

The documentation you need depends on the type of unlawful termination case you have. Here are some examples of helpful documentation based on case type:

Harassment or Sexual Harassment Claim

To prove harassment, the following forms of evidence may be helpful:

• A claim with HR
• Suggestive or threatening emails or direct messages
• Eyewitness testimony from someone who witnessed the harassment
• A police report if the harassment you suffered included physical or sexual violence

Discrimination

Firing based on discrimination can be established via:

• Positive performance reviews and then a sudden firing for poor performance after you announced your pregnancy/as you got closer to your due date
• Discriminatory comments about your race, nationality, sexual orientation, gender identity, marital status, age, or pregnancy

Retaliation

We can establish a retaliatory firing with:

• Inconsistent reviews (e.g., very positive performance reviews with a negative review shortly after filing a wage claim or reporting harassment)
• Termination directly after taking part in a protected activity (e.g., reporting harassment or filing a workers’ compensation claim)
• Internal communications where employers expressed a desire to fire or otherwise retaliate
• A history of behavior against people in similar situations (e.g., if a past coworker was terminated right after they filed a wage claim, this can help establish a pattern of behavior)

Whistle blowing

If you were fired after reporting illegal or immoral conduct, a police report shortly before your termination can help substantiate your claim.

Other documentation you want to ensure you have includes:

• Your personnel file
• Any complaints you filed with HR
• A service letter (While California does not require employers to issue a letter detailing why they are terminating someone’s employment, you can request one.)

Make sure that all documentation includes a date and time, if possible.

Gathering Wrongful Termination Documentation

If possible, you should forward yourself any emails or direct messages that establish harassment, discrimination, or wrongful termination. You must also be sure that you aren’t sending yourself confidential material that could get you in legal trouble with your former employer. If you know coworkers witnessed the harassment or discrimination you experienced, ask them if they would be willing to testify about what they saw.

Our wrongful termination lawyers will review the evidence you have and determine whether more is necessary to prove your case. We’ll also explain your options for taking legal action. 

What Is Considered Wrongful Termination?

Before you spend your precious time gathering employment termination evidence, you want to make sure that you have a case. While our team will help make that determination, knowing what constitutes unlawful termination is helpful.

California is an “at-will employment” state, which means that your employer may terminate you for almost any reason, according to California law. However, if you were fired for any of the reasons listed below, you may have been wrongfully terminated:

• Retaliation for whistle blowing (State and federal law protects you from termination after reporting your employer or coworker for illegal activity.)
• 525
• Discrimination (based on your race, national origin, disability, religion, age, sex, gender identity, pregnancy status, marital status, or political affiliation)

Our Team Will Help You Gather Evidence and Prove Your Unlawful Termination Case

Gathering evidence and understanding how it’s useful in your unlawful termination case isn’t easy, especially if you have no experience with this. It can be especially difficult while you are also trying to file for unemployment and find a new job.

When you work with our employment law lawyers, we handle every aspect for you. We want to make this process as painless as possible. Call KJT Law Group today for a free consultation: (818) 507-8525. We’ll explain how we can help you and what you can expect from the process.