How To Preserve Your Wrongful Termination Claim In California

To ensure worker protections in California, employers who fire their employees for illegal reasons can be sued for wrongful termination. Hence, employees can go up against their boss if their employment rights have been violated.

That said, you can’t just report your boss for wrongful termination without the evidence to back it up. Worse, you don’t want to ruin possible evidence that would make your California wrongful termination claim viable.

So, how do you ensure you have a solid wrongful termination claim in California? Here are a few ways to do so:

1. Keep Your Employee Documents

If you have an employment contract, pay stub, or employee sheet, keep them. This could be used in various ways, mainly to show that you’ve worked for your boss or as proof of employment if you aren’t a regular employee. These could also be used to build the timeline of the case, possible discriminatory wage cuts, and many more.

This would be especially useful for employees working “at will” who may not have contracts and other official work documents. So, make sure to request copies of them should you not have them already.

2. Keep Photo And Video Evidence

Photos and videos are a great way to show the possible warning signs of workplace discrimination, retaliation, or a toxic work environment. For example, you could take photos of your desk, rude notes, letters from your boss, and so on.

However, it should be noted that you can’t take photos or videos of someone without their permission in California. Not to mention, doing so could escalate any toxicity in your work environment.

3. Take Work Chat Screenshots And Keep Emails

Slack messages, texts, and emails that show you should document harassment and discrimination. For example, if you’re receiving discriminatory insults in the work chat, screenshot them to help prove discrimination and hostility.

Note that screenshots can be questioned, as they can be edited or manipulated to falsify evidence. So, don’t delete the ones you can keep, like emails and text messages.

4. Find Possible Witnesses

List down the names and contact details of coworkers who have witnessed discrimination, harassment, and wrongful termination. In some cases, they might be called as witnesses to employment claims in California, so it helps if you have their information.

Having their information listed before you leave the workplace will also make it easier for you and your California wrongful termination attorney to find them. This is especially helpful for losing access to your workplace after being wrongfully fired.

5. Avoid Talking About The Case On Social Media

Anything you post on social media can now be used against you. And yes, it can be used as evidence in court, so it’s best to hold off on talking about your claim in a public platform. Even if you’re joking or being sarcastic, they can take anything you post at face value.

It would be best if you also refrained from discussing the claim with former coworkers, friends, and family. But, again, you might end up saying something that the other side can use against your employment claim, so it’s best to wait until it’s safe to do so.

6. Hire A Wrongful Termination Lawyer In California

Gathering evidence on your own might be a challenge. However, an employment law attorney in Los Angeles can do their own investigations, review your documents, and compile all the possible evidence to solidify your wrongful termination claim.

Your lawyer can also represent you in negotiations, build a solid case, and advise you on your best legal options.