Well-documented situations start with evidence. Here's what employment attorneys typically ask for:
Documentary evidence (strongest):
• Emails and text messages — especially those showing discriminatory statements, timeline of events, or retaliation
• Performance reviews — positive reviews before a complaint vs. negative after
• Company policies — to show whether they were followed or selectively enforced
• Pay records — for wage and equal pay claims
• Written complaints — your reports to HR or management
Comparator evidence:
• How were similarly situated employees of different races/genders/ages treated?
• Were policies enforced differently for different groups?
• Who was promoted, disciplined, or terminated — and do you see patterns?
Timing evidence:
• How quickly after your protected activity did the adverse action occur?
• Was there a shift in treatment after you filed a complaint or requested accommodation?
What to do RIGHT NOW:
• Start writing things down — contemporaneous notes carry weight
• Save everything — emails, texts, voicemails, documents
• Identify witnesses who can corroborate your account
• Send complaints in writing (email) to create a record
• Do NOT delete messages or records, even if tempted
Note: This article reflects general best practices discussed in employment litigation guides and attorney practice resources. Evidence preservation obligations may vary by jurisdiction.