Monday, October 20, 2025
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Essential Evidence Needed to Support Wrongful Termination Cases

Were You Fired Illegally?

Job loss is difficult. But being terminated illegally… When you know it was unfair, or your employer overstepped their bounds and violated your rights, it’s infuriating.

Problem is:

Proving that termination was illegal is difficult. Without evidence to support your claim, even the strongest of cases won’t hold up.

That’s where this guide comes in.

The good news is, with the right information and tools, you can build a strong case.

Knowing what to document, and how to use that information, makes all the difference in walking away with nothing or getting the compensation you deserve.

So what are you waiting for?

In this post you’ll learn:

  • The Documentation You Really Need
  • What Evidence Counts
  • How To Gather Proof Without Getting Caught
  • Building A Case That Actually Wins

What Makes Evidence Stand Out?

Evidence comes in all shapes and sizes.

Some documentation strengthens your case. But other pieces of information won’t move the needle at all.

Knowing the difference saves you time and effort in the long run.

Experienced wrongful termination attorneys know what evidence matters. In fact, reaching out to a wrongful termination lawyer in Los Angeles early on can help you preserve the most important evidence before it’s too late. They know how to build winning cases.

Statistics prove it too. Wrongful termination cases with both witness testimony and written evidence had success rates of 63%, compared to just 28% for cases with witness testimony only.

That’s a huge difference.

Written Documentation: The Foundation Of Every Successful Case

If there’s one thing we recommend, it’s this:

Get it all in writing.

Written documentation is the foundation of every successful case. It’s objective and hard to dispute, and clearly tells the story of what happened.

Specifically, you need to focus on this:

Emails, Text Messages, And Other Communications

Every email, text, or communication with your employer is important.

Save all performance reviews, termination letters, emails about raises or promotions you were promised, and any messages documenting the problems that led to your termination. Even if something seems unimportant now, save it. You never know what might become crucial later.

This also includes any communication around protected activities you participated in, as well as any messages showing your employer making discriminatory comments or engaging in harassment.

Company Policies And Handbooks

Your employer’s own policies and procedures can be your best evidence. If they violated their own rules when they fired you, that’s compelling evidence they did something wrong.

Make copies of the employee handbook, any specific policies your employer has for termination and disciplinary procedures, anti-discrimination policies, and any contracts or agreements you signed during employment.

Performance Evaluations And Work History

Your employment history can tell an important story. If you were a model employee with positive performance reviews and were suddenly fired, it raises a red flag.

Pull copies of all performance evaluations, records of awards or recognitions you received, promotion history, and any disciplinary actions taken against you. The better your work history, the more suspicious your sudden termination is.

Witness Testimony: The Human Element Of Your Case

Documents are great. But sometimes, the testimony of other people is required.

Witnesses help to corroborate your story, and make it that much harder for your employer to dispute the truth.

Witnesses can include:

  • Co-workers who witnessed discrimination or harassment.
  • Supervisors who can attest to your work performance.
  • HR representatives who were involved in the process.
  • Anyone who heard the boss make inappropriate comments.

Don’t assume former co-workers and supervisors won’t want to help you. Many people you used to work with actually do want to do the right thing. And they can be some of your best allies in proving your case. So reach out to them. And do so while events are still fresh in their minds.

Timeline Documentation: Create A Timeline Of Events

Curious what the difference is between the cases that win, and the cases that lose?

A timeline.

When you can show exactly what happened, when, and in what order, your case is significantly stronger. It becomes harder for employers to claim ignorance or misunderstanding when you have a detailed timeline of events.

Take time to create a record of when you first noticed a problem, the protected activities you engaged in, any complaints you filed, changes in how you were treated at work, and the circumstances of your termination.

Make it as detailed as possible. Include dates, times, places, and the people involved. The more specific, the better.

Medical Records And Emotional Distress Documentation

Don’t forget, wrongful termination impacts more than just your wallet.

Your mental and physical health can suffer too, as a result of the stress and unfair treatment you’ve experienced. Documenting this through medical records serves two purposes. First, it helps to show the real impact of your employer’s actions. Second, it can support your claims for damages related to emotional distress.

Save any records from doctors or therapists you visited because of job stress. Keep records of prescriptions for things like anxiety and depression, as well as any documentation of sleep problems, ulcers, or other physical ailments caused by the termination.

Your employer’s illegal actions shouldn’t cause more suffering than they already have. Use this documentation to prove that they did.

Financial Records: Don’t Forget The Numbers

Here’s something a lot of people forget:

You have to prove your damages. And without strong financial documentation to back up your claims, you might not recover all you’re owed.

Collect pay stubs from before your termination, records of lost benefits and job search expenses, documentation of any lower paying jobs you took, and bonuses or commissions you missed out on because of the firing.

The stronger your financial documentation, the easier it will be to accurately calculate your damages.

Digital Evidence Is Important, Too

We live in a digital world. Evidence can exist in many places you might not initially consider.

Social media posts from your employer or co-workers, company databases or shared drives, security camera footage if your workplace has video surveillance, and screenshots of relevant digital communications all fall into this category.

Remember, you have to obtain this evidence legally. Don’t try to hack into systems or steal documents. But don’t overlook this digital gold mine, either.

Safely Preserving The Evidence You Need

This is the tricky part.

You need to collect the evidence, but you don’t want to give the other side notice. The second your employer or former supervisor knows you’re building a case against them, documents magically “disappear” or get “misplaced”.

Follow these guidelines:

  • Use your own devices. Save copies of important documents to your personal computer or device. Forward work emails to your personal email address, but only those that you are legally allowed to access.
  • Take photos of important documents if you cannot make copies. Sometimes, a photo on your phone is the safest way to preserve important paper records.
  • Don’t wait to start gathering evidence. The longer you wait, the greater the chance important information will be destroyed.

How To Build A Case That Stands Up

Here’s the bottom line:

The strength of your evidence determines the outcome of wrongful termination cases.

Statistics show 43% of plaintiffs receive compensation, but that number increases significantly with strong documentation and witness testimony. Research shows you’re much more likely to get the justice you deserve when you build your case with the right information.

Don’t wait until it’s too late to start gathering evidence. Document everything, starting the moment you suspect something is wrong. And most importantly, get legal help as soon as possible. An experienced attorney can tell you what evidence matters most, and help you preserve that evidence before it’s too late.

The Bottom Line

Building a strong wrongful termination case isn’t easy. But it’s certainly not impossible.

You have the power to control your case, and the outcome of your claim, by gathering the right evidence.

Collect the written documentation, secure the witness testimony, build a timeline of events, and preserve all medical and financial records that can support your case. Every bit of information you collect increases your chances of getting the compensation you deserve.

Don’t leave it to chance. Consult with an experienced attorney, and start gathering evidence now.

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