Evidence
The Evidence that Wins Employment Cases, Claim by Claim
Cases are won on paper trails built before anyone calls a lawyer. Two rules first, then the checklists: preserve lawfully, and never take what is not yours.
The Rules Before You Save Anything
Forward your own emails and texts about your own treatment to a personal account, where company policy and any confidentiality duty allow it. Photograph schedules and postings in shared spaces. Write dated notes as things happen, which is the single most underrated habit on this page and costs you nothing.
Your Legal Right to Your Own Records
You do not have to ask nicely for these. California gives you a right to them on a deadline.
- Your personnel file, within 30 days. Labor Code 1198.5.
- Your payroll records, within 21 days. Labor Code 226(b).
- Copies of anything you signed. Labor Code 432.
Request Language You Can Copy
“Under Labor Code sections 1198.5, 226(b), and 432, I am requesting a copy of my complete personnel file, my payroll records, and every document I signed as a condition of employment. Please confirm receipt of this request and the date you expect to produce the records.”
Send it in writing. Keep the sent copy.
Wrongful Termination Checklist
The stated reason for your firing is the battlefield. Save every version of it.
- Offer letter and employee handbook
- Performance reviews, awards, and any written praise
- The termination communication itself and the reason it gave
- Everything showing the reason changed over time
- Comparator information, meaning who kept their job and how they were treated
- Final pay records and the date you were paid
Discrimination and Harassment Checklist
- The comments, messages, and images themselves
- A running log of every incident with dates, places, and witnesses
- HR complaints and every response you got back
- The before and after of how you were treated once you complained
- Medical or therapy records where emotional distress damages are in play. Discuss with counsel before handing these over, because they carry privacy consequences
Retaliation and Whistleblower Checklist
The timing principle in one line: the shorter the gap between your report and your punishment, the louder the evidence.
- Your protected report in writing, with its date
- Proof the decision maker knew about it
- The gap between the report and the punishment
- The paperwork on the punishment itself
- Your performance history from before the report
Wage and Hour Checklist
- Pay stubs, schedules, and time punches
- Your own time log, kept separately
- Texts or messages telling you to clock out and keep working
- Examples of interrupted or skipped breaks
- Bonus and commission plan documents
- Expense receipts, which are reimbursable under Labor Code 2802
Once the records are in hand, run the numbers: break penalty calculator and overtime calculator.
Leave and Accommodation Checklist
- Doctor’s notes and written work restrictions
- Your accommodation request and the response to it
- Leave approvals and the stated end date
- Who covered your role while you were out
- The job posting, if your position was refilled
Build Your Witness List
Three columns, one line each, with names and personal contact information rather than work email.
- Who saw it. Direct witnesses to the conduct.
- Who experienced the same thing. Pattern evidence lives here.
- Who heard the employer talk about it. Often the most useful category.
Former employees frequently speak more freely than current ones. Get personal contact details before people scatter.
Questions About Gathering Evidence
I already lost access to my work email.
The records requests above cover a good deal of it, and your employer has its own obligation to preserve evidence once a claim is on the horizon. Move fast either way.
Can My Employer Punish Me for Gathering Evidence About My Own Case?
Lawfully preserving records about your own treatment sits in protected activity territory. Taking confidential material is a different thing entirely. The line between them matters, so draw it carefully.
Should I Write a Timeline Before the Consult?
Yes, and it is the most useful hour you will spend. Format: date, event, witnesses, documents. See what a case looks like start to finish and check your filing deadlines.
Tell Us What Happened
One business day for a response. You pay nothing unless we win.