Being fired from a job can feel like the rug has been pulled out from under you, especially when the reasons seem unjust, unclear, or retaliatory. If you suspect your termination was unlawful, your first instinct might be emotional, but your first action should be practical: start gathering evidence. In wrongful termination claims, the right documentation can make or break your case.
Whether you were fired for speaking up, requesting leave, reporting misconduct, or facing discrimination, the law may be on your side. But legal claims require proof. The more organized and detailed your documentation, the stronger your chances of success. The Los Angeles wrongful termination attorneys at Yadegar, Minoofar & Soleymani LLP regularly help clients use paper trails to tell the full story behind their firings—and seek the justice they deserve.
Performance Reviews and Disciplinary Records
Start by collecting all performance-related documents, including reviews, raise notices, and promotion records. Positive feedback and advancement can directly counter any claims that you were terminated for poor performance. A consistent record of achievement helps establish your credibility and value as an employee.
If you received disciplinary actions, such as warnings or write-ups, include those as well. These records shouldn’t be ignored—they provide crucial context. Look for vague wording, inconsistencies, or sudden disciplinary steps taken after you engage in a protected activity, as these may indicate retaliation.
Having the full scope of your performance history—both positive and negative—offers a clearer picture. It allows your attorney to identify patterns and discrepancies that could support your claim. The more comprehensive your documentation, the stronger your case for wrongful termination may become.
Emails, Texts, and Internal Messages
Emails, messages, and other written communications with supervisors or HR can offer vital insight into the events leading up to your termination. Emails discussing workplace concerns, requests for accommodations, or reports of misconduct can demonstrate that you engaged in protected activity. These records help establish a timeline and motive, especially if your termination followed closely after such communications.
In addition to emails, it’s vital to save text messages and conversations from internal platforms like Slack, Teams, or similar tools. These can contain casual but revealing exchanges with colleagues, such as mentions of unfair treatment, acknowledgment of inappropriate behavior, or comments suggesting retaliation. Even informal remarks can help support your claims when placed in the broader context of your workplace environment.
Act quickly to preserve these messages, especially if you anticipate losing access to your work accounts. Download or screenshot relevant conversations, organize them chronologically, and back them up securely. These communications may serve as key evidence when building a case for wrongful termination.
Complaint or HR Reports
If you reported harassment, discrimination, safety concerns, or other legal violations, your complaint itself becomes a protected activity. Keep a copy of the report you submitted, the response (if any), and any follow-up communication.
If HR failed to investigate or downplayed your complaint, that information becomes relevant, too. Documentation showing that you attempted to resolve issues before being terminated helps establish your good faith and may reveal your employer’s unwillingness to address wrongdoing.
Timeline of Events
Create a detailed, chronological account of what happened leading up to your termination. Include dates of key events, such as your initial complaint, any retaliation, changes in your workload, or meetings with supervisors. Even if some events weren’t documented at the time, writing them down now can help preserve your memory.
A well-organized timeline allows your attorney to see the full context of your case and identify patterns or inconsistencies. It also serves as a helpful foundation if you are later asked to give testimony or write a statement.
Employment Contract and Company Policies
Review your employment agreement, if you have one, for any language about termination, performance expectations, or internal dispute resolution. Company handbooks or policy documents are equally important—they show the rules your employer is supposed to follow.
If your termination deviated from established policy—for instance, skipping progressive discipline or firing you without investigation—these discrepancies can be powerful evidence of unfair or unlawful treatment.
Witness Contact Information
Coworkers who witnessed key events or had similar experiences may be valuable sources of support. If someone saw you being mistreated, overheard discriminatory comments, or noticed you were singled out after a complaint, their testimony can help corroborate your account.
Make a list of potential witnesses and collect their contact information while it’s still fresh. Even if they’re hesitant to get involved, your attorney can reach out confidentially to explore their role in the case.
Final Paycheck, Severance, and Exit Documents
At the time of termination, carefully review all documents your employer provides, including your final paycheck, severance offer, and any exit paperwork. These materials can shed light on how your employer is portraying your departure, whether they claim it’s due to performance, restructuring, or another reason. Pay close attention to inconsistencies or vague explanations, which may signal an attempt to avoid liability.
Severance agreements, in particular, deserve careful scrutiny. Some contain clauses that waive your right to take legal action or discuss the circumstances of your termination. While severance pay may seem like a quick resolution, signing without fully understanding the terms could limit your options for pursuing a wrongful termination claim.
Never feel pressured to sign on the spot. Take the time to consult an employment attorney who can assess whether the agreement is reasonable or potentially harmful. A legal review can help you make an informed decision and protect your rights before agreeing to any terms.
When to Seek Legal Advice
If you suspect wrongful termination, time is not on your side. California has strict deadlines for filing claims with the Civil Rights Department or the EEOC. The sooner you gather documentation and speak with a qualified attorney, the better your chances of success.
An employment lawyer can review your evidence, help request additional records, and craft a legal strategy based on the facts. Don’t wait until the trail goes cold—early action is your best defense when your job has been taken unfairly.
