Losing your job suddenly, or sensing that your employer is building a case to push you out, can feel like the ground has dropped out from under you. One day you are doing your work, the next you are facing meetings with HR, write ups, or an unexpected termination conversation. In the middle of that shock, figuring out what to save, what to write down, and how to protect yourself can feel overwhelming.
You may already suspect that what is happening is not just unfair, but illegal. Maybe you complained about discrimination, asked for medical leave, or spoke up about harassment, and now your performance is being questioned for the first time. In that moment, the single most useful thing you can do is start building a clear, organized record of what has actually happened, in real time, so someone outside the company can see the full picture.
At Schwartz Perry & Heller LLP, we have spent decades reviewing employee records and timelines in New York wrongful termination, discrimination, and retaliation cases. Our attorneys bring more than 100 years of collective experience focused on employment law, and our work has played a role in shaping how these cases are argued in New York courts. This guide draws on that experience to show you how to document a potential wrongful termination in a way that gives you and any New York employment lawyer the strongest possible starting point.
What “Wrongful Termination” Really Means in New York
Before you decide what to document, it helps to understand what you are documenting toward. In New York, most workers are employed “at will.” That means an employer can usually fire an employee for any reason, or for no stated reason at all, as long as the decision does not violate a specific law or contract. Many terminations feel harsh or unfair, but unfair by itself is not the same as wrongful under the law.
When we talk about wrongful termination in New York, we are usually talking about firings that violate anti discrimination or anti retaliation laws, or terminations that break an employment contract or clear written promises. Discrimination claims involve protected classes, such as race, gender, age, religion, disability, pregnancy, sexual orientation, and others recognized under New York and federal law. Retaliation claims involve protected activities, such as complaining about discrimination or harassment, requesting a reasonable accommodation, taking protected medical or family leave, or opposing unlawful practices.
To build a wrongful termination case, the documentation has to do more than show that the employer treated you badly. It has to help connect your termination to one of those protected characteristics or protected activities. For example, if your performance reviews were strong for years, you complained to HR about sexual harassment, and then you were suddenly written up and fired, the documents that show that sequence of events are critical. They help us analyze whether the employer’s stated reason is genuine or whether it looks like pretext, meaning a cover story for an unlawful motive.
Our firm has focused on employment law in New York City for many years, and our attorneys are often cited in court decisions when judges analyze these very questions. That is why we are careful to distinguish between terminations that feel unfair and cases where the evidence supports a legal claim. Knowing that difference from the start helps you focus your documentation on the facts that will matter most if you decide to speak with a lawyer or file a complaint.
Why Documentation Can Make or Break a Wrongful Termination Case in NY
When someone comes to us after a firing, one of the first things we do is ask for documents. We look for emails, performance reviews, policies, internal complaints, text messages, and anything in writing that shows what the employer said and did over time. That documentation turns a confusing series of events into a timeline we can evaluate under New York and federal law.
Timelines matter a great deal. If you filed a discrimination complaint with HR in March, were put on a performance improvement plan in April, and terminated in May, that close sequence can be important evidence of retaliation. On the other hand, if your performance issues began long before any complaint, the documentation may tell a different story. Without records of when key events happened, it becomes much harder to demonstrate that a termination is connected to protected status or protected activity rather than to stated business reasons.
We also examine documents for inconsistent or shifting explanations. For example, if your termination letter cites “position elimination,” but earlier emails and write ups focus on alleged performance problems, those mixed justifications can raise questions about whether the stated reason is pretext. The more you have saved, the easier it is for us to compare what was said at different times and to different people. In many of our most significant results for employees, decision makers were persuaded not just by testimony, but by documents that showed changing stories or patterns of retaliation.
When there is little or no documentation, cases often turn into one person’s word against another’s. That does not mean a claim is impossible, but it usually becomes harder to prove and may be less attractive to agencies or courts. By contrast, careful documentation, even if it is not perfect, can help us quickly assess the strength of your situation, decide whether to move forward, and develop a strategy that fits the facts of your New York workplace.
Essential Records to Save Right Away After a Firing in New York
If you have already been fired, time is not on your side. Access to company email, HR portals, or internal systems is often cut off very quickly. While you still have lawful access, focus on preserving key categories of documents that can shed light on why you were hired, how you performed, what was promised, and how the termination was handled.
Start with core employment documents. These include your offer letter, any employment contract, non compete or non solicitation agreements, and written job descriptions. Employee handbooks, codes of conduct, and policy acknowledgments are also important, especially if they describe progressive discipline steps, complaint procedures, or protections against discrimination and retaliation. These documents can show whether the employer followed its own rules and whether you were given the process that was promised.
Performance records are another central piece. Save annual or quarterly performance reviews, mid year check ins, performance improvement plans, counseling memos, and any informal feedback you received in writing. Pay particular attention to positive reviews or praise that continued right up until you engaged in a protected activity, such as complaining to HR, and then were suddenly replaced by negative write ups. Emails praising your work, bonuses, awards, and promotions can all help counter a later claim that performance was the real reason for termination.
Finally, collect everything related to the termination itself. This might include the termination letter, emails scheduling or summarizing termination or disciplinary meetings, notes you took during those meetings, and any severance documents you were given. If your manager or HR provided explanations by email or text, preserve those too. These materials help us see exactly what the company said at the time it let you go, which we can then compare to what your records show about your actual work and history.
Performance Documents That Reveal Pretext
In many New York wrongful termination cases, performance is the battleground. Employers often claim they fired someone for poor performance or misconduct, even when discrimination or retaliation may have been the real driving force. Performance documents are how we test those stories.
If you have a long history of positive evaluations that suddenly turn negative right after you complain about harassment, request medical leave, or ask for an accommodation, that shift may suggest retaliation. For instance, a manager who has praised you for years as “exceeding expectations” might begin to describe the same work as “unacceptable” immediately after your complaint. Saving those past reviews allows us to show that change rather than relying on memory alone.
We also look closely at how specific or vague criticisms are. A performance review that vaguely accuses you of “bad attitude” or “not being a team player” without concrete examples, especially after years of detailed positive feedback, can appear less credible. On the other hand, earlier emails recognizing your problem solving, leadership, or reliability can help demonstrate that the later criticisms are out of step with your track record. When you bring these materials to us, we can compare them side by side and evaluate whether the performance narrative looks genuine or like pretext.
How to Capture Emails, Messages, and Notes Without Creating New Problems
Most modern workplaces run on electronic communications. Emails, texts, Slack or Teams chats, and internal HR messages can contain some of the clearest evidence of what supervisors and HR actually said. Preserving those communications can be invaluable, but it has to be done carefully to avoid creating separate legal or practical issues.
While you still have lawful access, identify and save key emails and messages about performance, schedule changes, complaints, discipline, and termination. These might include emails from supervisors changing your duties or criticizing your work, messages to HR raising concerns about discrimination or harassment, and written responses to your complaints. Internal HR tickets or messages in company systems can also be important. If your workplace uses messaging platforms like Slack or Microsoft Teams, consider taking screenshots of relevant conversations that mention complaints, threats to your job, or comments about protected characteristics.
At the same time, avoid crossing the line into taking confidential or proprietary information that you are not allowed to keep. Do not hack into accounts after access has been revoked, and do not download large sets of company data, including confidential client lists or proprietary financial information, just in case they might be helpful. Those actions can expose you to separate claims and give the employer leverage. If you are unsure whether something is appropriate to save, it is safer to speak with an attorney about how to proceed rather than guessing.
In addition to preserving existing records, create contemporaneous notes about key conversations and events. After a meeting where your manager references your complaint or makes a troubling comment about your age, pregnancy, disability, or another protected characteristic, write down the date, who was present, what was said as precisely as you can remember, and how you responded. These notes are far more persuasive when they are made close in time to the event rather than months later. Our role as employment lawyers includes helping clients navigate this balance between preserving evidence and avoiding new risks, so you can protect your rights without creating additional problems.
Documenting Discrimination, Harassment, and Retaliation Before You Are Fired
Many people reach out to us while they are still employed but feel a termination coming. They may notice subtle changes, such as being excluded from meetings, getting worse assignments, or hearing comments that suggest bias. In that situation, you have an opportunity to start documenting patterns before the employer makes its final move.
Begin by tracking discriminatory or harassing conduct in a simple, structured way. When a supervisor or co worker makes a remark about your race, age, gender, disability, or another protected trait, note the date, the exact words used as best you can recall, where it happened, and who was present. Over time, these notes can show whether there is a pattern rather than a single stray remark. If there are physical incidents, such as unwanted touching or displays of offensive materials, write down what happened and consider whether there are photos, messages, or witnesses who could corroborate your account.
Next, document your internal complaints. If you email HR, an ethics hotline, or a manager about discrimination, harassment, or retaliation, keep copies of what you sent and any responses you receive. If your company has an online reporting system, take screenshots of your submissions and confirmations. These records demonstrate that the employer was put on notice of the problem and how, or whether, it responded. They are often central to retaliation claims because they mark the moment when your protected activity began.
It also helps to maintain a running timeline that logs key events in order. This can be as simple as a document listing dates and brief descriptions, such as “January 10, reported sexist remarks to HR,” “January 25, first negative performance memo received,” “February 5, removed from important project,” and so on. When we see that kind of timeline, connected to supporting documents and messages, it becomes much easier to assess whether the discipline and, if it happens, termination are likely tied to discrimination or retaliation under New York law.
Organizing Your Evidence So a New York Employment Lawyer Can Use It
Once you have begun collecting documents, the next step is organizing them in a way that helps a lawyer see your story quickly. You do not need a perfect system, but some structure can make your consultation more productive and reduce the time it takes for an attorney to understand your case.
A practical approach is to group your materials into categories. For example, one folder for hiring and pay documents, such as offer letters, contracts, pay stubs, and benefits information. Another for performance, including reviews, performance plans, write ups, and praise emails. A third for complaints and responses, with your HR emails, hotline reports, and any follow up. A fourth for day to day communications that feel important, such as texts with managers about schedule changes or assignments. Finally, a folder for termination related documents, like the termination letter, meeting notes, and severance paperwork.
Alongside these folders, create a simple chronological timeline. This does not have to be formal. A basic document listing key dates, a short description of what happened, and a reference to any supporting document can be enough. For example, “03/15/23, emailed HR about racial slur from supervisor (see email 03 15 to HR),” or “04/02/23, placed on performance improvement plan for missed deadlines (see PIP document).” When you bring this to us, we can follow the sequence of events without digging through unorganized files and can more quickly identify where the strongest evidence lies.
Even if your documentation feels incomplete, it is still worth organizing what you have. Part of our job is to identify what additional records might exist and to explore legal ways to obtain them from the employer or through agencies and courts. Over our decades of handling employment cases for New York workers, we have reviewed thousands of client files. We know that a well organized packet of documents and a clear timeline can speed our assessment, help us give you more precise advice, and form the backbone of any complaint or lawsuit we may file on your behalf.
Common Documentation Mistakes That Hurt NY Wrongful Termination Claims
When you are under stress, it is easy to make missteps with documentation that later make a case harder to pursue. Knowing the most common mistakes in advance can help you avoid them and keep the focus on your employer’s conduct, not on side issues that could distract from your claim.
One frequent problem is relying on memory alone. People understandably think they will never forget a shocking comment or unfair meeting, but over time dates blur, wording becomes less precise, and it is easier for employers to dispute your recollection. Taking a few minutes after each important interaction to write down what happened can turn those fleeting impressions into concrete evidence. Courts and agencies generally view notes made close to the event as more reliable than memories reconstructed months later.
Another mistake is losing access to key records. Many employees do not realize that their work email and internal files will be shut off immediately or soon after termination. If you wait until after you are let go to think about documentation, you may have already lost access to important messages, policies, and performance information. On the other extreme, some people overcorrect by downloading huge amounts of company data, including confidential client lists or proprietary information, which can expose them to separate claims and give employers leverage. The goal is to preserve communications and records that relate to your own employment and treatment, not to collect sensitive business data you have no right to keep.
A third common misconception is that a single “smoking gun” email is enough to win. Even a very inappropriate comment or blatantly biased message is powerful, but employers often argue that it was a one time lapse or that it is unrelated to your termination. In practice, cases are usually stronger when documentation shows a pattern and a timeline that links discriminatory or retaliatory behavior to the decision to fire you. Our experience representing New York employees has shown that avoiding these pitfalls and focusing on building a coherent record can improve your position when we evaluate your options.
When to Stop Gathering Evidence and Talk With a New York Employment Attorney
Documentation is essential, but there comes a point when continuing to gather records on your own is less important than getting legal advice. Wrongful termination, discrimination, and retaliation claims are subject to filing deadlines with agencies and courts, and those deadlines can be strict. Waiting too long while you try to perfect your file can mean missing opportunities to act, even if your documentation is strong.
In general, you should reach out to an employment lawyer promptly if you receive a termination notice, are suddenly put on a performance improvement plan after making a complaint, are threatened for speaking up, or see clear signs that your job is at risk. These are inflection points where decisions about what to sign, how to respond, and what to do next can have lasting consequences. You do not need a neatly labeled set of folders or a complete record to make that call. Part of our role is to look at whatever you have, identify gaps, and advise on whether further documentation efforts are appropriate or whether the next step is to file a charge or lawsuit.
At Schwartz Perry & Heller LLP, our practice has been built around advocating for employees across New York who have faced discrimination, harassment, and other illegal treatment at work. Our attorneys have over 100 years of collective experience in employment law, have been recognized in Super Lawyers and the Million Dollar Advocates Forum, and have helped shape the development of labor and employment law in this state. When you contact us, we will review your situation and your documentation with you, explain how New York law applies, and talk through your options so you are not navigating this alone.
Get Clarity About Your Documentation & Your Rights
Careful, timely documentation can turn a confusing and painful job loss into a clearer story about what really happened in your New York workplace. By focusing on the right records, creating contemporaneous notes, and organizing your materials, you give yourself and any attorney you work with a much stronger basis to decide whether your termination was not just unfair, but potentially unlawful.
No blog can tell you for certain whether you have a viable wrongful termination case. That judgment depends on the specific facts, documents, and timelines of your employment. What you can do today is start preserving what you have and then speak with a New York employment law firm that regularly evaluates these situations. At Schwartz Perry & Heller LLP, we review documentation like yours every day and use it to help employees seek accountability after illegal treatment at work.
If you are worried about a recent firing or believe your employer is preparing to push you out, we invite you to contact us to discuss your documentation and your rights under New York law.
Call (646) 490-0221 to speak with our team in confidence.