Termination from a job can be scary and shocking especially when it seems “wrongful.” Here’s what you need to know about gathering documentation in a wrongful termination case.
Those recently fired or laid off should always gather documentation and paperwork related to termination especially if legal action may be potentially taken. It is recommended that filers save everything obtained and think about the pros and cons of filing a claim against their employer.
Evidence Needed For a Wrongful Termination Claim
When filing a claim, filers should collect supporting evidence and documentation for their claim against their former employer.
1. Disability
Those who have been wrongfully terminated because of a disability may have exposed employees to the following:
- fired because of time off for disability or medical condition
- Fired for requesting a reasonable accommodation for the disability
2. Gender
Those who have been wrongfully terminated because of gender may have been exposed to the following:
- Dismissed for recent pregnancy announcement
- Heard derogatory or sexist comments about gender
3. Race
Those who have been wrongfully terminated because of their race may have been exposed to the following:
- Heard derogatory comments about personal race or other races
- Segregated within the company from employees of different races and colors
4. Sexual Orientation
Those who have been wrongfully terminated because of sexual orientation may have been exposed to homophobic comments made to them prior to termination
5. Age
Those who have been wrongfully terminated because of age may meet the following:
- 40 or older
- Passed on for a promotion because considered “too old”
- Told the company wants to get a new, fresher look
6. Retaliation
Those who have been wrongfully terminated because of retaliation may have conducted the following:
- Reported mistreatment of other employees
- Reported inappropriate financial actions
- Reported illegal activity
Related to: Wrongful Termination Laws in California
Gathering Evidence
An employee who was recently fired but senses that something had gone wrong between them and their employer, may take action even if there has been no formal disciplinary action against them. Former employees should make a record of each work-related event including but not limited to the following:
- Performance reviews
- Commendations
- Reprimands
- Salary increases or decreases
- Informal comments that a supervisor made
Related to: How to Prove Wrongful Termination in California
All this documentation should include the date, time, and location of the event, who was involved, and whether there were witnesses. Backup everything with as much documentation as possible which includes the following:
- Copies of employment policies
- Memos
- Reviews
- Employment contracts
- Employee handbooks
- Paystubs
- Performance reviews
- Statements from any coworkers, colleagues, or clients who heard negative comments being made about age, race, sexual orientation, gender, and so forth
While collecting as many documents as possible is always recommended, make sure that these documents are legally obtained. Those gathering evidence for a wrongful termination case should request to see their personnel file and make a copy of all reports and reviews in it. Those in fear of someone tampering with their personnel file after they take legal action should consider making an extra copy of the following:
- Personal file
- Relevant reports
- Performance reviews
- Notes
- Email Correspondents
These copies should be stored safely or mailed by certified mail. This should help secure filers with dated proof of how the documents looked before any tampering took place. If possible, individuals should check to see if similar instances have occurred to other employees in the past, or if workers have witnessed similar treatment to others in the past.
Get a Written Explanation for Termination
Individuals may want to ask their former employer for a written explanation of why they were fired to have a clear explanation of the termination.
Request a Service Letter
Many states have service letter laws requiring employers to provide former employees with letters describing certain aspects of their employment Which may include but are not limited to the following:
- Work histories
- Pay rates
- Reasons for their terminations
For those living in a state law requiring service letters whose former employer has yet to provide one, make a written request for the service letter. Some states specify a time limit for requesting service letters. To create a more solid claim, one should make a request within a day or two of the dismissal to make sure that they meet deadlines and to prevent the passage of time from affecting people’s memories. Requests for a service letter should be sent to the employer by certified mail.
When asking a former employer for a service letter, certain laws do require a former employer to provide a service letter that is “truthful” or “in good faith” before they can take advantage of this protection.
Living in a state that does not have a service letter law, employers may not offer written explanations for dismissal. In this case, they should ask the person who officially informs them of their firing for a written explanation of the company’s decision of dismissal.
Write a Letter of Understanding
When a service letter cannot be obtained, a letter of understanding to the employer may be in order. This is especially important for those who received mixed messages when dismissed. One should dedicate time and precision to the letter of understanding promptly, before making it promptly and make sure to send it by certified mail to prove that the company received it if later contested.
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