If you believe you were wrongfully terminated, one of the most important things you can do is start gathering evidence immediately. Wrongful termination cases often hinge on documentation—what was said, what was written down, and how your employer acted before and after your termination.
You may know in your gut that your firing was unfair or illegal, but without solid evidence, proving it in a legal claim can be difficult. That’s why documenting your experience is critical.
In this post, we’ll walk you through what kind of evidence matters, how to collect it, and how to stay organized as you prepare for a possible legal case.
Why Documentation Matters
Wrongful termination claims are legal disputes, and like any legal matter, evidence is key. Employers often present their own version of events—usually in the form of vague performance issues, policy violations, or restructuring explanations.
Your job is to build a clear, fact-based narrative that shows:
- You were fired for an illegal reason (such as retaliation or discrimination)
- The stated reason for your firing is false or inconsistent
- Your performance or conduct didn’t justify termination
The better your evidence, the stronger your chances of negotiating a settlement or winning in court.
What Types of Evidence Should You Collect?
Below are the most common (and most helpful) forms of documentation in a wrongful termination case:
1. Timeline of Events
Start by writing a detailed timeline. Include:
- Your hire date and job title(s)
- Any promotions or performance milestones
- Key incidents (e.g., complaints, accommodations, leave requests)
- Conversations with supervisors or HR
- The date and details of your termination
Be as specific as possible. Even if some of this is based on memory, a written timeline helps your attorney understand the full picture.
2. Emails and Written Communication
Preserve any emails, Slack messages, text messages, or memos that are relevant. Look for:
- Positive feedback from supervisors or coworkers
- Any communication related to complaints you made
- Discussions about leave, accommodations, or HR issues
- Termination notice or post-termination correspondence
Always save these in a personal folder or drive outside your work account, if possible.
3. Performance Reviews and Evaluations
Performance documents can make or break a wrongful termination claim. If your employer claims you were fired for poor performance, but your reviews were positive, that contradiction is powerful.
Include:
- Annual or quarterly performance reviews
- Commendations or awards
- Records of meeting or exceeding goals
4. Employee Handbook and Company Policies
If your company has written policies about discipline, complaints, leave, or conduct, those documents may help you show that the employer failed to follow its own rules—or treated you differently than others.
Save:
- The employee handbook
- Policy manuals
- Internal HR procedures
- Any onboarding or training materials you received
5. Personnel File
In many states, you have the right to request a copy of your personnel file. This often includes:
- Performance evaluations
- Disciplinary records
- Attendance logs
- Promotions or warnings
- Termination documents
Submit your request in writing and keep a copy. Even if your employer refuses, the attempt shows that you took appropriate steps.
6. Witnesses and Coworker Testimony
If coworkers witnessed discriminatory remarks, retaliation, or unfair treatment, their testimony may be helpful. While not all will be willing to get involved, some may be willing to provide a written statement—or speak confidentially with your attorney.
You don’t need to confront them. Just keep a list of names and what they may have seen.
How to Stay Organized
- Create a digital folder: Use cloud storage (Google Drive, Dropbox, etc.) to store all documents securely in one place.
- Label clearly: Title documents by date and subject for easy reference (e.g., “2024-11-10_PerformanceReview.pdf”).
- Keep a journal: Write down anything that happens after your termination—calls from HR, severance offers, or follow-up messages.
- Back everything up: Make sure your files are saved in more than one location.
What to Avoid
- Don’t take confidential or proprietary company data (like trade secrets or client lists). Stick to documents related to your employment and treatment.
- Don’t alter or falsify documents—this can seriously damage your credibility.
- Don’t rely on memory alone. Document everything in writing as soon as possible.
When to Contact an Attorney
Once you’ve gathered your documentation, it’s a good idea to consult an experienced employment attorney. They can:
- Review your evidence
- Evaluate the strength of your claim
- Help file a complaint with a government agency (like the EEOC)
- Negotiate a settlement or pursue a lawsuit
Many lawyers offer free consultations and won’t charge unless you win your case.
Final Thoughts
Wrongful termination cases are built on more than emotion—they’re built on facts. If you suspect you were fired for an illegal reason, start documenting everything right away. Even simple steps—like saving an email or writing down a timeline—can make a major difference in the outcome of your case.
You don’t have to prove everything on your own. But the more you can show, the better chance you have of getting the justice you deserve. We recommend wrongful termination lawyers maryland.
