Preserve your record — before you lose access.
If something at work feels different — the review cycle, the tone, who’s in which meeting — trust your gut. Many employers revoke system access in under a minute during a termination call.
This checklist covers what you can do yourself right now: write down what happened, gather the records that are already yours, and list the rest so an attorney can ask the employer to preserve it. It takes about 30 minutes.
Why start now
Access can end without warning.
Employers often turn off email and chat access during a termination call. What you remember and what you were given to keep may be all you have that day.
Notes written at the time carry weight.
Attorneys and agencies look for dated records made when events happened. Your own notes are yours to keep.
Check before you copy.
Whether you may copy or forward material from work systems depends on your state, your employer’s policies, and what you signed. Ask an attorney first. An attorney can also require the employer to preserve it.
Your 30-minute preservation checklist
Check off what you finish. Progress saves to this browser only — no one else sees it.
0 of 15 done
Saved to this browser only
Do today
These need nothing but your own memory and papers that are already yours. Start here even if you only have 10 minutes.
Do this week
Lower-urgency but still important. Do these within 5-7 days.
Quiet prep
Lower priority, but if you have time — worth having.
You’re already ahead of most workers.
If you finish the “Do today” group, you have a dated, written account and a list of records to bring to an attorney. Two things to do next:
Where to find your own records
Quick steps for records that are yours, and what to do about work messages. Tap a section to expand.
Pay and tax records
Most payroll systems (Workday, ADP, Paycom, Gusto, UKG) let employees download their own pay statements and tax forms.
- Sign in to the payroll or HR system the way you normally do.
- Open the pay section and download your recent pay statements as PDFs.
- Open the tax documents section and download your W-2s.
- If you cannot find them, ask HR or payroll for copies in writing.
Downloading your own pay and review records through the tools your employer gives employees is ordinary. For anything else on work systems, what you may keep depends on your state, your employer’s policies, and what you signed — ask an attorney if you are unsure.
Your own performance reviews
Performance tools (Workday, Lattice, 15Five, Culture Amp) usually show employees their own completed reviews.
- Open your own profile and go to Reviews or Feedback.
- If the tool offers employees a download or print option for their own review, use it.
- If it does not, write down the review date, the rating, and the main points.
- Add the review to your list of records so an attorney can request it.
Downloading your own pay and review records through the tools your employer gives employees is ordinary. For anything else on work systems, what you may keep depends on your state, your employer’s policies, and what you signed — ask an attorney if you are unsure.
Personnel file request
Some states require employers to let employees see or copy their personnel file. The rules and deadlines differ by state, and some states have no such law.
- Check your state labor agency’s website for “personnel file” or “personnel records.”
- If your state provides a right to request it, send the request to HR in writing and keep a copy.
- Note the date you sent it and any reply.
Downloading your own pay and review records through the tools your employer gives employees is ordinary. For anything else on work systems, what you may keep depends on your state, your employer’s policies, and what you signed — ask an attorney if you are unsure.
Work email and chat (Outlook, Gmail, Teams, Slack)
Do not export a work mailbox or chat history, or forward work messages to a personal account, without talking to an attorney first.
- Write down which messages matter: sender, approximate date, subject, and what was said.
- Keep that list on a personal device or on paper.
- Give the list to an attorney, who can send the employer a letter requiring it to preserve those records.
Downloading your own pay and review records through the tools your employer gives employees is ordinary. For anything else on work systems, what you may keep depends on your state, your employer’s policies, and what you signed — ask an attorney if you are unsure.
What am I allowed to keep?
It depends on what you keep and where you live. Your own notes, documents your employer gave you to keep, and your own pay records are yours. Copying or forwarding material from work systems is different: confidentiality agreements, company policies, other people’s private information, and privileged or trade-secret material can all create problems, and courts have reached different results on whether an employee was protected when taking documents. That is why this checklist asks you to list those records rather than copy them. Once an employer has reason to expect a legal claim, it generally has a duty to preserve relevant records, and an attorney can put it on notice.
If you are unsure whether you may copy something from work systems, ask an attorney first. Your state labor agency and the EEOC also answer questions for free.
Not legal advice. Find an attorney →