How to Build Your Wrongful Termination Case Before You Are Fired

Posted about 2 years ago. Applies to California, 1 helpful vote



Preserve All Important E-mails and Other Documents

Often, when an employee is fired, he is locked out of his e-mail account the very same hour, and he is escorted from the building. One certain e-mail or one document can make a big difference in proving that the employer discriminated or retaliated against you, especially in "he said / she said" situations. Often, it's better to print out e-mails than forward them, as forwarding may violate your company's policy, and it can also be detected by the IT staff. Examples of important documents: If your manager says you are not performing well, even though you know that you do, and this is just an excuse to termate you for unlawful reasons, collect all the documents that show that you are good worker - performance reviews, complimentary e-mails, thank you letters from co-workers or managers, etc. If your empoyer refuses to accommodate your disability, collect all the documents that show that you notified your employer of your disability and requested accommodations.


Continue Being Very Nice and Do the Best Job You Can

Often, when an employee is subjected to discrimination or retaliation, he/she is tempted to give the employer a piece of his mind. He may yell at the manager or say something rude or send a rude and accustory e-mail to one or more managers. This will hurt even a very good case, because at that point, the employer will have a legitimate reason for disciplining an employee and termating that employee - i.e. misonduct, insubordination and/or verbal violance. Make sure you don't give in to temptation to show your anger. Remain as diplomatic as possible, if you know that your firing in imminent. You have nothing to gain whatsoever by being rude and confrontational with your employer. At the same time, continue doing the best job you can, so that you performance is not an issue when it comes to proving your wrongful termination case.


Contact an Employment Attorney Before You Are Terminated

Many mistakes can be easily avoided before your terminating with just one call or one meeting with a competent employment attorney. This is especially true if you are thinking about resigning. Before you resign, consult an attorney on how your resignation will affect your rights - including your ability to file a discrimination or retaliation claim against the employer and your ability to collect unemployment benefits, if that is something that's important to you. An employment attorney can provide further guidance on how to handle your specific situation and how to make your case stronger when the time comes to file.

Additional Resources

Arkady Itkin - San Francisco and Sacramento Employment Lawyer

San Francisco Disability Discrimination Lawyer

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Related Topics


Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Discrimination in the workplace

Discrimination in the workplace is when one or more employees are treated unfavorably, based on characteristics like age, race, gender, or sexual orientation.

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