Wrongful Termination Evidence Checklist
If you think you were fired illegally, start gathering evidence right away: your offer letter and contracts, handbook, performance reviews, the termination notice, emails or texts you lawfully have, notes of complaints you made and a dated timeline. Discrimination charges with the EEOC have short deadlines, generally 180 or 300 days, so do not wait to get advice.
Most employment is at will, but firing someone for a discriminatory or retaliatory reason, or in violation of a contract, can be illegal. Evidence decides these cases.
Download the printable checklist (PDF): free, one or two pages, made to print and fill in by hand.
Employment documents
- ☐ Offer letter, employment contract and any commission or bonus plan
- ☐ Employee handbook and written policies
- ☐ Performance reviews, awards and raises
- ☐ Pay stubs and records of hours worked
- ☐ Termination letter or notes of what you were told and by whom
Your timeline
- ☐ Hire date and positions held
- ☐ Dates you complained, requested leave or accommodation, or reported a problem
- ☐ Dates of any change in treatment after that
- ☐ Date and stated reason for the firing
- ☐ Names of witnesses and of employees treated differently
Communications
- ☐ Emails, texts and messages you are lawfully allowed to keep
- ☐ Written complaints to HR and any responses
- ☐ Notes of meetings, made at the time
- ☐ Do not take confidential company data you are not authorized to have
After the firing
- ☐ Request your final paycheck and check it against your state's deadline
- ☐ Apply for unemployment benefits
- ☐ Review COBRA or other health coverage options
- ☐ Do not sign a severance agreement before reading it carefully; it may waive claims
- ☐ Note the EEOC or state agency filing deadline
Tips
- Keep looking for work and record your job search; it matters for damages.
- Stay professional in all communications with your former employer.
Official resources
- EEOC: How to file a charge of employment discrimination
- EEOC: Time limits for filing a charge
- EEOC: Retaliation
- U.S. Department of Labor: How to file a complaint
- U.S. Department of Labor: Unemployment insurance
- U.S. Department of Labor: COBRA continuation coverage
This checklist is general information, not legal advice, and it is not a legal form. Rules and deadlines vary by state; a licensed attorney can tell you what applies to your situation. Find a lawyer near you.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.