Documentation Checklist Builder

The official document stating you were terminated. If verbal, write down the exact words used and who said them.

Any document stating the reason for your firing — performance review, HR memo, email, etc.

Do NOT sign until you have reviewed it with an attorney. You typically have 21 days to consider it.

Documents about continuation of health insurance and other benefits.

Your initial offer letter, any employment contract, or union agreement. These may limit at-will termination.

Positive reviews are especially valuable — they undercut a pretextual "poor performance" justification.

Handbooks sometimes create implied contracts or contain anti-retaliation policies your employer violated.

Establishes your compensation for calculating back pay damages.

Evidence of career advancement contradicts claims of long-standing performance issues.

Preserve all emails related to your termination, any complaints you made, or discriminatory comments.

Screenshot and back up all relevant text messages immediately.

Any formal complaints you made internally or to government agencies — key evidence of protected activity.

Performance improvement plans and written warnings — especially if they appeared suddenly before termination.

Positive feedback from supervisors, clients, or colleagues.

Anyone who witnessed discriminatory conduct, your complaints, or the termination itself.

Write down what each person witnessed while memories are fresh. Include dates, times, and exact words.

"Comparator" employees — people in similar roles who were treated better despite similar or worse conduct.

A chronological log of every relevant event — complaints made, discriminatory comments, changes in treatment, termination.

For each incident: who was present, what was said verbatim, where it happened, and any witnesses.

If the termination caused emotional distress or physical harm, medical records support damages claims.

For every incident: exact date, time, location, what was said or done verbatim, who was present, and how you responded. Write this down as soon as possible after each incident.

Screenshot and back up all harassing communications to a personal device or account immediately. Do not rely on work systems to preserve these.

If you reported internally, preserve a copy of your written complaint and any written response. If verbal, follow up in writing: "Per our conversation today, I am reporting..."

Document what action (if any) the employer took after your complaint. An employer who fails to investigate or correct the problem faces greater liability.

Anyone who witnessed harassing conduct, heard harassing comments, or observed the hostile work environment. Note what each person saw or heard.

Photographs of offensive images, posters, or objects displayed in the workplace. Screenshots of harassing social media posts or group chats.

Performance reviews, schedule changes, reassignments, or other adverse actions that occurred after you reported harassment — evidence of retaliation.

Your EEOC charge number and confirmation of filing. Required before you can sue in federal court under Title VII.

If the harassment caused anxiety, depression, PTSD, or other psychological harm, medical and therapy records support emotional distress damages.

Your employer's written harassment policy from the employee handbook. Relevant to whether the employer met its legal obligations to prevent and correct harassment.