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Getting fired is bad enough. Wondering if you can prove it was illegal is even worse. One day you are doing your job, maybe even getting good feedback, and the next you are in a meeting being told it is “performance,” “restructuring,” or “not a good fit.” You walk out with a final paycheck and a lot of questions about what really happened and what, if anything, you can do about it.
Many people in this position in Pasadena and across California feel that something was off about their termination, but are not sure how to turn that feeling into a wrongful termination claim. They worry they do not have “real proof,” especially if no one put anything discriminatory in writing. Others think that because the company put a reason in the paperwork, they are stuck with it. In reality, the strength of your case often depends on ordinary records and messages you already have or can create right now.
At Domb Rauchwerger LLP, we focus on employment law in California, and we have seen these situations from both sides. Before we started representing employees, we served as partners at a major employment defense firm that represented large corporate employers. We know how companies build and defend termination decisions, and we now use that inside perspective to help wrongfully terminated employees understand what evidence for wrongful termination actually persuades employers, judges, and juries. In this guide, we will walk you through the types of evidence that matter and how to protect your position from the start.
Wrongful vs. Unfair Termination: Why Evidence Matters
Not every firing that feels unfair is wrongful under California law. Wrongful termination happens when an employer fires you for an illegal reason, such as your race, gender, pregnancy, age, disability, religion, or other protected characteristic, or because you engaged in a protected activity. Protected activities include reporting discrimination or harassment, requesting medical leave, asking for a reasonable accommodation, complaining about unpaid wages, or refusing to do something illegal. Evidence is what connects your story to one of these legal theories.
When we talk with new clients, we often hear, “They treated me unfairly” or “They never liked me.” Those feelings are real, and they matter, but we cannot win a case on feelings alone. We look for specific facts we can prove. For example, did negative treatment start soon after you reported harassment to HR? Did the company ignore its own policies when it came to you, but follow them for others? Strong evidence turns a general sense of unfairness into a legal claim that is hard for an employer to ignore.
Most employers will give you a stated reason for your termination, usually something neutral like poor performance, reorganization, or attendance. Sometimes that reason is legitimate. Other times, it is a pretext, which means a cover story used to hide an illegal motive. The core of a wrongful termination case is showing, through evidence, that the stated reason does not match the real reason. That can come from documents, timing, witness accounts, and other sources that point in the same direction.
If you are reading this and worrying that you have no evidence, you may be underestimating what you already have. Performance reviews, emails, text messages, personal notes, pay records, and even the timing of events can play a role. Our job is to help you identify those pieces and understand how they fit together under California law, including the Fair Employment and Housing Act (FEHA), which governs many workplace discrimination and retaliation claims in this state.
Documents & Emails That Reveal the Real Reason for Termination
One of the first places we look in a wrongful termination case is your paper trail. Documents and emails, even very routine ones, can show what your employer said about you over time and whether the termination story holds up. Many employees already have some of these records in their personal email or files without realizing how valuable they are.
Key documents include your offer letter, job description, employee handbook, and written policies. These show what rules the company says it follows. Performance reviews, bonus evaluations, commendations, and awards can undercut a sudden claim that you were a poor performer. So can attendance records and schedules if the company later says attendance was the issue. Written warnings, Performance Improvement Plans (PIPs), and the termination letter itself help us see what the employer is now claiming and whether that matches your history.
We pay close attention to timing and shifts in tone. Suppose you received “meets” or “exceeds expectations” reviews for years, then you reported harassment to HR in March, and for the first time, you were put on a PIP in April and fired in May. That sequence can suggest that the PIP was created to justify a decision that had more to do with your complaint than your performance. As former defense-side partners, we have seen employers backfill documentation like this after a complaint, and we now know how to highlight those inconsistencies when we negotiate or litigate.
Emails and internal messages are just as important. These may include messages from your supervisor about your work, replies to your concerns, or notes confirming meetings with HR. Emails that mention your complaint, your pregnancy, your medical condition, or other protected factors close in time to the termination can be powerful. Even if you were only copied on some messages, saving what you legitimately received can preserve part of the story.
There are limits, and we are candid about those. You can generally keep copies of documents and emails that you already have lawful access to, such as performance reviews given to you, your own emails, and policy manuals. Taking large volumes of confidential files, trade secrets, or client lists can create separate legal issues. If you are unsure whether something is appropriate to retain, we talk through those questions in a consultation so you are not taking unnecessary risks with company information.
Texts, Chats, and Social Media: Everyday Messages as Powerful Evidence
In modern workplaces, many important conversations happen outside formal emails. Text messages, messaging apps, and social media often capture a more honest picture of what managers and coworkers really think and say. These informal channels can become crucial evidence in wrongful termination cases, especially when they show bias, retaliation, or a sudden shift in how you were treated.
Texts between you and your supervisor about schedule changes, performance, or your complaint can matter a lot. For example, a text that says, “HR is not happy you went to them” or “You really should not have complained about your manager” may help show retaliatory intent. Group chats or messaging platforms like Slack or Teams may include comments about you taking leave, having a baby, or “rocking the boat” by speaking up. We look at the language, the timing, and who is speaking to understand how those messages fit into the bigger picture.
Timestamps in these messages are often as important as the content. If messages show that relations were normal or even positive until shortly after you raised a legal concern, and then suddenly became cold or hostile, that pattern supports your account. Even messages that do not mention discrimination directly can show how quickly things changed. In some cases, we may be able to obtain broader message histories from the employer later, but preserving what you already have is a strong start.
Social media can also play a role, although it is a double-edged sword. Posts by coworkers or managers about layoffs, about “getting rid of problems,” or about your situation can support your claim. On the other hand, angry posts by you about the company or exaggerations about events can be used against you. We usually advise clients to avoid posting about their case or employer publicly and to preserve, but not delete, existing content until we can review it together.
To protect this kind of evidence, back up relevant texts and messages by taking clear screenshots that show names, numbers, and dates, or by using backup tools on your phone. Do not edit messages, combine different threads into one image, or forward messages in ways that change the appearance. Authenticity matters. During a consultation, we can help you sort through which messages are important and how to organize them so they are easy to understand later.
Timing, Patterns, and Comparisons: Circumstantial Evidence Courts Take Seriously
Many wrongfully terminated employees worry that without a direct admission, such as “I am firing you because you complained,” they cannot prove their case. In reality, courts and juries often rely on circumstantial evidence, which is evidence that suggests a conclusion through timing and patterns rather than explicit statements. In California wrongful termination cases, this kind of evidence can be just as powerful as direct proof if it is presented well.
One key concept is timing, sometimes called temporal proximity. If you report sexual harassment to HR in January and are fired in early February for a minor policy violation that was never enforced before, that close timing raises questions. The shorter the gap between your protected activity and the negative action, the stronger the inference that the two are connected. We look closely at when you complained, when any investigations occurred, when discipline started, and when the termination happened.
Patterns of behavior also matter. Maybe the company starts documenting every small mistake you make only after you request a disability accommodation. Perhaps you are suddenly excluded from meetings, removed from projects, or written up for issues that were previously ignored. A series of escalating negative actions in a short period after you engaged in protected activity can suggest retaliation. When we review a case, we often build a detailed timeline that maps these events side by side with your complaints or requests.
Comparisons to coworkers, known as comparator evidence, are another powerful tool. If employees who did not complain, or who are outside your protected class, made similar or worse mistakes but kept their jobs, that difference in treatment can support a claim. For instance, if you were fired for being late three times, but a coworker who never reported discrimination was late five times and was only warned, that is important information. We use this type of evidence to argue that the stated reason is being applied selectively.
From our years on the defense side, we know employers and their legal teams often try to dismiss timing and comparator evidence as “coincidence” or argue that the decision was already made before you complained. Because we understand those arguments, we look for documents, messages, and witness accounts that show when decisions were truly made and who knew about your complaint at that time. Presenting a clear, fact-based timeline often shifts negotiations in our clients’ favor, even without a single “gotcha” email.
Witnesses and Personal Notes: Building a Consistent Story
Witness testimony and personal notes help bring your story to life and support your credibility. Many employees assume that unless a coworker is willing to walk into HR with them on day one, they have no witnesses. In practice, witnesses often become important later, when we reach out as part of an investigation or lawsuit, and their knowledge can still be very valuable.
Coworkers who saw or heard discriminatory remarks, observed harassment, or noticed how your treatment changed after you complained can provide crucial context. They might recall that a manager rolled their eyes at your medical appointments, made comments about your age, or said you were “too sensitive” after you complained about inappropriate jokes. Even if those coworkers are nervous about speaking up while still employed, their memories and notes can support your account later, and we approach those conversations carefully and professionally.
Family members and close friends can also serve as witnesses, particularly on the impact of the termination. They may not have seen what happened at work, but they can describe changes in your sleep, mood, appetite, or social life, which support claims for emotional distress damages. They can also confirm that you were actively looking for other work or that you took the termination particularly hard because of the circumstances.
Personal notes are another underrated form of evidence. Writing down what happened, when it happened, who was present, and what was said can be very helpful, especially if you do it close in time to the events. These can be entries in a notebook or notes on your personal phone or computer. Details such as exact phrases used, names, dates, and locations matter. Later, when memories fade or events blur together, your notes help you and us reconstruct a clear narrative.
We encourage clients to start documenting now, even if they did not keep records in the past. The key is to be honest and specific, not to guess or embellish. If you cannot remember the exact wording, write what you reasonably recall and note that it is approximate. When your personal notes line up with documents, messages, and witness accounts, they can significantly strengthen your position and make it harder for the employer to dismiss your story as exaggerated or invented after the fact.
Medical, Financial & Career Records: Proving How the Firing Affected You
Evidence in wrongful termination cases is not only about proving why you were fired, but also about showing how that firing affected you. Damages can include lost wages, lost benefits, emotional distress, and sometimes harm to your future career. Medical, financial, and career records help us quantify those impacts so that any settlement or award reflects what you have actually lost.
Financial records such as pay stubs, W-2s, and offer letters from your former employer and any new jobs help show your income before and after the termination. Unemployment records, job applications, rejection emails, and notes from interviews can show that you tried to mitigate your losses by looking for new work. This documentation is important because employers often argue that a fired employee did not search hard enough for another job or turned down reasonable offers.
Medical and therapy records may come into play if the termination or the events leading up to it caused or worsened physical or emotional problems. For example, if you began seeing a therapist for anxiety, depression, or panic attacks after months of harassment, or if your doctor increased medication due to stress from the workplace, those records can support claims for emotional distress damages. We understand these records are sensitive, and we talk carefully with clients about what they are comfortable sharing and what is necessary for the case.
Other records can also be relevant. Notices from your landlord or mortgage company, late fee notices, or documentation of lost benefits like health insurance can show financial strain. Emails from professional contacts explaining that your reputation was affected, or evidence that you had to accept a job at a significantly lower salary, can support claims for harm to your career prospects. We review these materials with you to determine which items add value and which are less useful.
Not every wrongful termination case requires extensive medical evidence or complex financial calculations, but having some documentation of the impact usually strengthens your position. Our role is to balance the need to prove damages with your privacy and comfort level and to present a clear picture of your losses when we negotiate with the employer or present your case in arbitration or court.
What To Do Right Now: Preserving Evidence Without Hurting Your Case
If you were just terminated or sense it may be coming, there are steps you can take today that will help protect your rights. At the same time, some missteps can damage your case or create new problems. Knowing the difference is critical, especially when you are under stress and tempted to act quickly.
Safe, helpful actions usually include saving what you already have lawful access to. This might mean forwarding important emails from your work account to your personal account before access is cut off, downloading your own performance reviews and schedules, or keeping copies of policies that apply to your situation. Back up text messages and chat logs related to your complaints, performance, or termination. Write down a detailed timeline that includes dates when you reported issues, meetings with HR, changes in duties, and the termination itself.
There are also actions you should avoid. Do not take large batches of confidential documents, client lists, proprietary data, or trade secrets. Doing so can expose you to separate legal claims from your former employer. Avoid posting angry messages or detailed accounts of your case on social media, no matter how tempting it feels in the moment. Those posts often resurface later and can be taken out of context. Do not delete emails, texts, or posts that relate to your situation, even if you think they might look bad; destroying potential evidence can create problems of its own.
Be very cautious about signing severance agreements, release forms, or anything that waives your claims before you have legal advice. These documents often include language giving up your right to sue in exchange for a payment that may be far less than your claim is worth. Once you sign, it is usually difficult or impossible to undo. Bringing the proposed agreement to a consultation allows us to evaluate both the strength of your potential wrongful termination claim and whether the offer on the table reflects that strength.
Because we have handled these issues from both sides of the table, we can quickly identify what evidence is safe and useful to keep and what might expose you to unnecessary risk. Early conversations often focus on evidence preservation strategy as much as legal analysis. When clients in Pasadena and throughout California come to us soon after a termination, we are in a strong position to help them protect key records and avoid common mistakes that employers and their attorneys try to exploit later.
How Our Two-Partner Team Uses Your Evidence To Challenge Corporate Defenses
Gathering evidence is only the beginning. Making that evidence work for you requires analysis, strategy, and an understanding of how employers and their defense firms will try to counter your claims. At Domb Rauchwerger LLP, two experienced partners work together on every wrongful termination case, reviewing your documents, messages, and notes from multiple angles to build the strongest narrative possible.
Our past work as partners at a leading employment defense firm taught us how large employers prepare for these disputes. We know the standard playbook: blame long-standing performance problems, claim decision-makers did not know about your complaint, argue that timing is a coincidence, and point to selective documents that support their story. When we review your evidence, we are already thinking about how corporate counsel will attack it and what additional records or witness accounts we may need to blunt those arguments.
In practice, we use your evidence at several stages. Early on, we may send a detailed demand letter that sets out the timeline, highlights inconsistencies in the employer’s stated reasons, and attaches key documents that show pretext. In negotiations, we draw on specific emails, reviews, texts, and comparators to push back against the company’s narrative. If your case goes into litigation or arbitration, we use your preserved evidence as a roadmap to request additional information from the employer, like internal emails or HR notes you could not access on your own.
Because both of us are involved in your case, you benefit from two sets of legal judgment on how to present the facts and when to push for resolution. Clients also value that they are not passed down to a junior team member; they work directly with the lawyers who are making strategic decisions. We handle wrongful termination and related employment claims on a contingency fee basis and offer free consultations, so you can have your evidence reviewed and your options explained without paying upfront legal fees at a time when money may already be tight.
Talk With Us About Your Evidence and Your Options
Being abruptly pushed out of a job is disorienting, and it is normal to feel overwhelmed by questions about what happened and what to do next. The good news is that you do not have to solve the legal puzzle on your own. Ordinary records, messages, and memories that feel scattered right now can become a clear, persuasive picture of wrongful termination when they are gathered and analyzed carefully.
If you suspect your firing in Pasadena or anywhere in California was connected to a complaint, a medical issue, a pregnancy, or another protected factor, the next step is to have someone who understands both corporate strategies and employee rights look at your situation. At Domb Rauchwerger LLP, we take the time to review your documents, messages, and timeline, explain how they fit under California law, and discuss realistic options for moving forward, all without upfront fees.
Rely on the expertise of a skilled attorney at Domb Rauchwerger LLP. Contact us or call (213) 772-5882 now to arrange your consultation without delay.