Fired Illegally: How to Document Workplace Issues Before It’s Too Late
You don’t think it will happen to you, do you?
Most employees believe that keeping records of workplace issues will never be necessary. They think someone else will get that pink slip. But when they’re handed the termination notice, they wish they had started keeping records months ago.
Here’s what you need to know…
Maintaining accurate records can literally mean the difference between winning and losing a wrongful termination lawsuit. The good news is that it’s free and easy to get started. All it takes is diligence and attention to detail. Trust me, it’s worth the peace of mind.
Here are five things you should know about documenting workplace issues.
- Why Documentation is More Important Than Ever
- Types of Evidence That Help You Win
- How to Create a Rock Solid Paper Trail
- Documentation Mistakes That Can Cost You
- When To Take Action
Why Documentation Is More Important Than Ever
Getting fired illegally happens more often than you think.
Employees are terminated for filing harassment complaints. Workers lose their jobs after taking medical leave. Others are pushed out for reporting violations.
The problem is they can’t prove it.
EEOC trends and statistics for 2024 reveal retaliation-based charges have continued to be the most frequently filed charge by workers for the seventeenth year in a row. Meaning, employers continue to retaliate against workers for exercising their rights.
If you feel like you may lose your job for standing up for yourself, it’s time to start keeping records. In some states, especially North Carolina Wrongful Termination cases can be extremely complex. So having solid documentation can help establish your case.
The moral of the story?
Documenting workplace issues is crucial to helping you protect yourself against illegal termination.
Types of Evidence That Help You Win
Let’s start with what constitutes good evidence.
Not all records are created equal. Some types of evidence hold more weight with an attorney, judge, or arbitrator. Others don’t matter at all.
So what does?
Evidence that supports your claim of wrongful termination can include:
- Past performance reviews that demonstrate a history of good performance
- Email/text conversations with your supervisor that include discriminatory comments
- Contact information for coworkers who witnessed the events
- The company policies that were violated when you were fired
- Documentation related to your leave request if you were on medical leave
Here’s something else to consider…
Research from legal publishers Martindale-Nolo revealed that when wrongful termination cases included witness statements and written evidence, 63% prevailed. Where written evidence was the only proof, success dropped to 50%. And when only witness statements were used, that number plummeted to 28%.
The moral of that story? Building a comprehensive paper trail with multiple forms of evidence will drastically increase your chances of winning.
How To Create A Rock Solid Paper Trail
Documentation doesn’t have to be complicated.
In fact, you don’t need a law degree to keep records. But some best practices will help ensure your records can’t be disputed.
Keep a dedicated notebook.
If something happens at work that concerns you, write it down. Document the date, time, location, who was present, and specifically what happened. Try to jot these notes down as soon as possible after an incident.
For example:
What not to write: My boss yelled at me today.
What to write: On March 3, 2026, at 1 pm, my supervisor, Sally Simmons, yelled at me in the break room. She said, “People in their 50’s are too slow for this job.” Kevin and Jennifer were there too.
Do you see the difference? The second entry includes details that can be confirmed by others. The first example is just an opinion.
Save every email.
Did your boss email you about a performance issue? Forward that email to your personal email account. Does your company have an open chat system? Take screenshots of important conversations and save them to your phone.
Get it in writing whenever possible.
If your supervisor tells you something in person, follow up the conversation with an email stating what was discussed. “Hi John, I just wanted to verify our conversation from this morning, where you mentioned my sales numbers have exceeded expectations.”
You get the idea. There will be times later on when you’ll wish you saved that email.
Store documentation outside of work.
Do not rely on company email accounts or work computers to store your records. As soon as you get fired, your access to these systems will be terminated. Forward important emails to your personal account and save documents on your personal computer or phone. Print hard copies when you can.
It’s not paranoid, it’s being prepared.
Keep good documentation, too.
Did you receive an employee of the month award? Keep a copy of that commendation. Were you written up for a performance issue years ago and have since improved? Keep copies of good performance reviews to refute their claims.
Here’s why this matters…
If an employer claims you were let go due to performance, but you have years of positive performance reviews, it undermines their argument.
Documentation Mistakes That Can Cost You
Here are some don’ts when it comes to documenting information.
Start documenting right away.
You’ll never remember every detail that happened months ago. Start recording information as soon as you suspect a problem. Waiting weakens your documentation.
Don’t break the law.
Some states have laws requiring all parties to consent to being recorded. So if you secretly record your boss without her knowledge, you could be in trouble. And that evidence will be tossed out of court. Always research your state’s recording laws.
Don’t vent in your documentation.
Emotional language and ranting do NOT help your case. Document the facts and let the attorney do the arguing. “Bob told me I was lazy today and should just quit.” is not a good journal entry.
Don’t share your documentation with coworkers.
You don’t want your boss knowing you’re keeping records either. Once you share that information, it spreads like wildfire. And management will know. You want to surprise them with your evidence later.
Don’t rely on company email or servers.
As stated above, store everything on your personal accounts and devices. You don’t want to suddenly lose access to critical emails and documents.
When To Take Action
At some point, documentation isn’t enough. You’ll need to take action.
Whether it’s filing a complaint with HR, a government agency, or speaking with an attorney about your legal options.
But here’s the thing…
If you don’t have any documentation to back up your claims, none of the above will matter. Management will simply state their version of events, and it becomes a he-said-she-said.
If you believe you’ve been wrongfully terminated or may be fired illegally, don’t wait until you lose your job to contact an employment attorney. They can advise you on what information will be important to gather and how to properly maintain those records.
Wrapping It Up
Losing your job is hard. But losing your job under illegal circumstances is something no one should have to endure.
Employees who take the time to document workplace issues from day one will greatly increase their chances of proving wrongful termination.
Here’s your quick-start guide:
- Maintain a dedicated notebook for work incidents
- Save all emails and document conversations outside of work
- Gather contact information from witnesses when available
- Keep copies of positive documentation, too!
Doing these things will not guarantee you win if you are terminated. But it will put you in a much better position to hold that employer accountable should you lose your job.
