Employees have rights, one of which is not to be terminated for an illegal reason. If you believe that your employer retaliated or discriminated against you, then you might have a case. You might also have a lawsuit if your employer did not have cause to fire you as required by your employment contract.
But what evidence do you need to bolster your claim? In this article, we will identify what pieces of evidence you should obtain before meeting with a New Jersey wrongful termination attorney for an initial consultation.
Obtain Copies of Your Employee Handbook or Manual
Sometimes, employers create binding legal obligations in these documents, even if they are unaware that they are doing so. You should keep copies of all handbooks and manuals to show to your attorney. For example, a manual might lay out a progressive disciplinary system which your employer did not follow when terminating you. If not, then you could have a wrongful termination claim.
Make a Note of Who Else was Laid Off
If you think your employer has discriminated against you, then it is helpful to identify who else was laid off at the same time as you. If only women are laid off, then that looks suspicious. Similarly, if only older employees are laid off, then your employer might have practiced age discrimination.
Write down a list of employees that you know who were laid off. It’s okay if you don’t know everybody. Many employers keep this information carefully under wraps precisely because it might reveal discriminatory bias.
Find Copies of Your Work Evaluations
Most employees are evaluated annually. You should find copies of these evaluations, which can prove helpful if you think an employer is retaliating against you for exercising a right.
For example, you might have testified in a sexual harassment case against your employer. After testifying, you are quickly fired from your job. If your evaluations to that point have been stellar, then it looks like your boss was motivated by something other than your job performance.
Keep Copies of Harassing or Discriminatory Communications
An employer might blurt out that you aren’t management material because you are a woman, or other discriminatory statements could be contained in notes, emails, or phone messages. Preserve these as best as you can.
If you had to leave your job because it was oppressive and harassing, you should document the conduct as well. Write down days, times, and locations, as well as the identification of witnesses to the harassing conduct. Witnesses can testify later about what they saw.
Speak with a New Jersey Wrongful Termination Attorney Today
Were you unfairly fired from your job? It happens every day in New Jersey. Fortunately, employees have rights in these types of cases, but you’ll need a passionate legal advocate in your corner.
Contact the Sattiraju & Tharney, LLP today. We have represented many employees in wrongful termination suits, and we know what evidence a judge and jury will find persuasive. The sooner you contact our firm, the faster we can get to work on your case.
Call us today at 609-454-0637 to schedule a confidential initial consultation.
FAQs About What Evidence Should You Get for Your Wrongful Termination Lawsuit
What kind of proof do I need to show I was wrongfully fired in New Jersey?
Since New Jersey is an “at-will” state, your employer can fire you for almost any reason—unless it’s illegal discrimination, whistleblowing, or retaliation. To prove your case, you need a paper trail. Save everything you can: text messages or emails from your boss, performance reviews, company handbooks, and names of coworkers who saw how you were treated.
Is it legal for me to forward work emails to my personal account before I leave?
Be very careful here. While you want to save evidence, forwarding internal company documents or emails to your personal account can violate company policy or confidentiality agreements. If you get caught, your employer can use that “theft of company property” as a legal excuse to justify firing you, which can hurt your lawsuit. It is often safer to write down detailed notes, dates, and times of events instead.
How do I prove my boss fired me as retaliation for complaining about something illegal?
Timing is everything when it comes to proving retaliation in New Jersey. If you blew the whistle on something illegal (like wage theft or discrimination) and were fired shortly after, that short gap in time is strong circumstantial evidence. You will need to show a clear timeline proving you made a formal complaint before they started disciplining or firing you, and that your employer knew about your complaint.