The strength of any employment claim depends on the quality of your documentation. Attorneys consistently say the same thing: the best cases are the ones where the worker started documenting early. This guide walks you through what to collect, how to organize it, and what makes evidence compelling.
Documentary Evidence (Strongest): Emails, text messages, and written communications are often the most powerful evidence because they show intent and timing in the other party's own words. Save performance reviews (especially if your ratings changed after a protected activity), company policies (particularly those your employer violated), pay records and pay stubs, written complaints you filed with HR, and any written responses you received. If your employer uses Slack, Teams, or other messaging platforms, take screenshots before your access is revoked.
Comparator Evidence: One of the most effective ways to prove discrimination is to show that similarly situated employees outside your protected class were treated differently. Were they given lighter discipline for the same infractions? Did they receive promotions you were passed over for? Did they get accommodations that were denied to you? Document specific names, dates, and the different treatment.
Timing Evidence: Courts pay close attention to how quickly an adverse action followed your protected activity. If you filed an EEOC complaint on Monday and were terminated on Friday, that proximity is powerful circumstantial evidence of retaliation. Create a timeline of events showing the sequence: protected activity, employer knowledge, adverse action.
Witness Evidence: Identify coworkers who witnessed discriminatory comments, policy violations, or disparate treatment. Write down their names, what they saw, and when. Be aware that witnesses may be reluctant to come forward while still employed — that is normal and does not reduce the value of their testimony.
What NOT to Do: Do not record conversations without understanding your state's recording consent laws (some states require all-party consent). Do not take proprietary company documents that you would not normally have access to. Do not use company devices or networks to store your personal documentation — use personal devices and email.
How to Organize: Create a simple timeline with dates, what happened, who was involved, and what evidence supports it. Keep digital copies in a secure location outside of your employer's control. Our Timeline tool helps you build this systematically.
Getting Started Right Now: Start writing things down today — even notes about past events are valuable. Save everything in writing. Send complaints via email (not just verbally) to create a paper trail. If you have a conversation with HR, follow up with an email summarizing what was discussed. The act of documenting itself is protected activity under most employment laws.