Nobody has told you that you’re about to be fired – but you can feel it coming. Maybe it was a sudden negative performance review, a recent exclusion from several important meetings or increased oversight by management that tipped you off.
All you know for certain is that you recently “rocked the boat” at work and now you strongly suspect that you’re about to be fired due to discrimination, retaliation or another unlawful motive. Preserving some important documents can help you immensely if you end up in a wrongful termination lawsuit. Act before you lose access to your work email or employee portal to preserve what you can, but do so carefully. Save only records that you are lawfully entitled to keep, such as:
1. Performance reviews and disciplinary records
Save copies of your performance evaluations, commendations, awards and written disciplinary notices. A history of positive reviews may be significant if your employer now claims that your work has long been unacceptable.
2. Relevant emails and messages
Preserve communications related to your performance, job duties and the events leading up to the suspected termination. This may include emails from supervisors complimenting your work, assigning new responsibilities or acknowledging that you met important goals. Save the complete exchanges, when possible, so that the context and dates are clear.
3. Employment policies and agreements
Keep copies of your offer letter, employment contract, employee handbook and any policies related to discipline, attendance, leave or workplace complaints. Although a policy violation does not automatically make a firing illegal, it may matter if the employer treated you differently from other employees or failed to follow its written procedures.
4. Pay, leave and attendance records
Download your pay stubs, time records, commission statements and benefit information. If medical or family leave is involved, save leave requests, medical certifications and approval notices. These documents may help establish your financial losses as well as show that the termination is tied to your use of a legally protected right.
5. A written timeline of events
Create a timeline of events while the details are still fresh. Record dates, major players, witnesses and what was said or done. Include important events such as your complaints, accommodation requests you’ve made, disciplinary meetings you’ve been subjected to and changes in your treatment at work.
Finally, know that if you suspect that wrongful termination is imminent, an employment attorney can review your records, identify possible claims and help you decide what to do before or after the firing occurs.