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Free resources to help you document your situation, understand the process, and protect your rights. No sign-up required.

Educational information only. These resources are not legal advice. Employment law varies by state and individual circumstances. Consult a qualified employment attorney for guidance specific to your situation.

Documentation Checklist

What you document — and how quickly you do it — can make or break a wrongful termination claim. Use this checklist to make sure you preserve the right evidence.

Immediately After Termination

  • Write down everything you remember about the termination meeting — date, time, who was present, exact words used, and any reasons given.
  • Note whether the reason given matches your prior performance reviews or any written feedback you received.
  • Record whether any similarly situated coworkers were treated differently.
  • Write down any comments, jokes, or remarks made by supervisors in the weeks or months before your termination that may suggest bias or retaliation.

Documents to Gather

  • Your offer letter and any employment contract or agreement.
  • Your employee handbook or policy manual (especially termination and discipline policies).
  • All performance reviews, evaluations, and written feedback — positive and negative.
  • Any written warnings, performance improvement plans (PIPs), or disciplinary notices.
  • Emails, texts, or messages related to your performance, the termination, or any complaints you made.
  • Pay stubs, W-2s, and records of benefits received.
  • Any non-disclosure, non-compete, or severance agreements you were asked to sign.

Complaints and Protected Activity

  • Note any complaints you made to HR, a supervisor, or a government agency before your termination.
  • Record any requests you made for accommodation (disability, religious, pregnancy-related).
  • Document any FMLA or medical leave you took or requested.
  • Note if you reported safety violations, fraud, or illegal activity before being fired.
  • Record any workers' compensation claims you filed.

Witnesses

  • List the names and contact information of coworkers who witnessed relevant events.
  • Note anyone who heard discriminatory or retaliatory comments.
  • Identify anyone who can confirm your job performance was satisfactory.
  • Record whether any coworkers were treated differently under similar circumstances.

After You've Gathered Everything

  • Store copies of all documents in a secure location outside of company systems (personal email, cloud storage, or printed copies).
  • Do not delete any emails, texts, or messages — even ones that seem unfavorable.
  • Avoid posting about your termination or employer on social media.
  • Note the date of your termination — filing deadlines run from this date.

Guides

Plain-language explanations of the most important topics in wrongful termination law. Each guide links to the relevant section of our Know Your Rights page for the full treatment.

5 min read

Understanding At-Will Employment

Most U.S. employees work at-will — but that doesn't mean employers can fire you for any reason. This guide explains the exceptions that protect employees and when at-will status doesn't apply.

  • What at-will employment means in practice
  • The major exceptions: discrimination, retaliation, public policy
  • States with stronger at-will protections
  • How employment contracts change the equation
Read the full guide
6 min read

How to Identify Retaliation

Retaliation is one of the most common — and most misunderstood — wrongful termination claims. This guide helps you recognize the signs and understand what qualifies as a protected activity.

  • What counts as a "protected activity"
  • Common forms of retaliation beyond termination
  • How timing and documentation support a retaliation claim
  • The difference between retaliation and a legitimate business decision
Read the full guide
7 min read

Severance Agreements: What to Know Before You Sign

Signing a severance agreement can permanently waive your right to sue. This guide explains what to look for, what rights you're giving up, and why you should never sign under pressure.

  • What a release of claims actually means
  • The 21-day review period for employees over 40
  • Red flags in severance agreement language
  • When severance is worth taking — and when it isn't
Read the full guide
4 min read

Filing Deadlines: A State-by-State Overview

Missing a filing deadline can permanently bar your claim. This guide explains the key deadlines for EEOC charges, state agency complaints, and civil lawsuits — and why acting quickly matters.

  • EEOC charge deadlines (180 vs. 300 days)
  • State agency filing windows
  • OSHA whistleblower complaint deadlines
  • Statutes of limitations for civil suits
Read the full guide
8 min read

What to Expect When You File an EEOC Charge

Filing with the EEOC is a required first step for most federal discrimination claims. This guide walks you through the process from intake to investigation to right-to-sue letter.

  • How to file an EEOC charge (online, in person, by mail)
  • What happens after you file
  • Mediation and investigation timelines
  • What a "right-to-sue" letter means and what to do with it
See related FAQ
5 min read

Finding and Working with an Employment Attorney

Most employment attorneys work on contingency — meaning no upfront cost. This guide explains how to find qualified representation, what to expect in a consultation, and how fees typically work.

  • How contingency fee arrangements work
  • What to bring to an initial consultation
  • Questions to ask a potential attorney
  • The difference between a plaintiff's attorney and a defense attorney
Find an attorney
7 min read

Disability Discrimination: Your Rights Under the ADA

The Americans with Disabilities Act prohibits employers from discriminating against qualified employees with disabilities — and requires them to provide reasonable accommodations. This guide explains what that means in practice.

  • What qualifies as a "disability" under the ADA
  • The reasonable accommodation process and interactive dialogue
  • When an employer can claim "undue hardship"
  • Disability-related termination and retaliation claims
Read the full guide

Disability Discrimination in the Workplace

The Americans with Disabilities Act (ADA) and the Rehabilitation Act protect employees with disabilities from discrimination and require employers to provide reasonable accommodations. Here's what you need to know.

What the ADA Covers

The ADA applies to employers with 15 or more employees. It prohibits discrimination in hiring, firing, pay, job assignments, promotions, and any other term or condition of employment. Many states have parallel laws that apply to smaller employers and provide broader protections.

A "disability" under the ADA is broadly defined: a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. After the ADA Amendments Act of 2008, courts interpret "disability" expansively — conditions like cancer, diabetes, PTSD, depression, and chronic pain routinely qualify.

Physical conditions

Mobility impairments, chronic illness, cancer, HIV/AIDS, epilepsy, hearing or vision loss

Mental health conditions

Depression, anxiety, PTSD, bipolar disorder, OCD, ADHD

Episodic conditions

Conditions that are in remission or only active periodically still qualify if they would substantially limit a major life activity when active

"Regarded as" disabled

If your employer treats you as disabled — even if you don't have a qualifying impairment — you may still be protected

Reasonable Accommodation

Employers are required to provide "reasonable accommodations" — changes to the work environment or how a job is performed — that allow a qualified employee with a disability to do their job. The accommodation process is supposed to be an interactive dialogue between the employee and employer. Neither side can simply refuse to engage.

Common reasonable accommodations include:

  • Modified work schedules or flexible hours for medical appointments or symptom management
  • Remote or hybrid work arrangements
  • Reassignment to a vacant position the employee is qualified for
  • Leave beyond what FMLA provides (unpaid leave as accommodation)
  • Assistive technology, modified equipment, or accessible workspaces
  • Reduced workload or temporary light-duty assignments
  • Permission to work from a seated position or take additional breaks

Undue hardship is the only valid reason to deny an accommodation. An employer must show the accommodation would cause significant difficulty or expense given the size and resources of the business. This is a high bar — courts rarely find undue hardship for large employers.

Disability-Related Termination & Retaliation

Firing an employee because of their disability — or because they requested an accommodation — is illegal. So is retaliating against an employee for filing an ADA complaint, participating in an investigation, or opposing discriminatory practices.

Warning signs that a termination may be disability-related:

Termination shortly after disclosing a disability or requesting an accommodation
Employer citing "performance issues" that only emerged after a medical leave or accommodation request
Being placed on a PIP immediately after returning from disability-related leave
Employer refusing to engage in the accommodation process and then terminating
Coworkers without disabilities in similar roles were not terminated
Supervisor comments about your condition, absences, or limitations before the termination

If you were fired after requesting an accommodation or disclosing a disability, document the timeline carefully — the proximity between your disclosure and your termination is often the most important piece of evidence.

How to Assert Your Rights

1

Request the accommodation in writing

You don't need to use the words "reasonable accommodation" or cite the ADA — but putting your request in writing creates a record and starts the clock on the employer's obligation to respond.

2

Engage in the interactive process

Respond to your employer's questions and requests for documentation. If your employer stops communicating, document that too — a breakdown in the interactive process caused by the employer can itself be an ADA violation.

3

File an EEOC charge

ADA claims require filing a charge with the EEOC before you can sue. The deadline is 180 days from the discriminatory act (300 days in states with their own anti-discrimination agencies). Use our deadline calculator to check your window.

4

Consult an employment attorney

ADA cases often turn on documentation and timing. An attorney can evaluate whether your employer's conduct violated the law and what remedies may be available — including back pay, reinstatement, compensatory damages, and attorney's fees.

Templates

Structured formats to help you organize your documentation. Print them out or use them as a guide when gathering information.

Termination Timeline Template

Written outline

A structured format for recording the sequence of events leading up to and including your termination. Useful for organizing your memory and presenting facts clearly to an attorney.

Witness Contact Log

Contact list

A simple log for recording the names, contact information, and relevant observations of coworkers or others who witnessed events related to your termination.

Document Inventory Sheet

Inventory checklist

A checklist for tracking which documents you've gathered, where they're stored, and what still needs to be collected. Helps ensure nothing is overlooked.

Incident Log

Incident record

A running log for recording discriminatory comments, retaliatory actions, or other relevant incidents — including date, time, who was present, and what was said or done.

These templates are provided as organizational aids only. They are not legal forms and do not create any legal rights or obligations.

Have Questions About Your Situation?

Browse our FAQ for answers to common questions, or visit the Know Your Rights guide for a deeper look at the law.