BuildMyEvidence · guide
What to Document After You've Been Fired
The short answer: Start with a dated record of what led up to the firing — any protected action you took, the performance history that contradicts the stated reason, and how the reasons you were given changed over time. Save the termination notice and all related communication. Timing and the reasons you were given matter most, so keep a clear before-and-after record.
Last updated Oct 6, 2026
Written by Dave Shelton, founder of BuildMyEvidence. Thirty years in business taught him that the person with a clear record gets taken seriously.
Being fired for a reason you believe was wrong is hard to show after the fact — but much easier if you documented the lead-up. This guide shows you what to keep.
What counts as wrongful termination?
Wrongful termination is being fired for a reason you believe was wrong rather than legitimate cause — for example, retaliation for a complaint, discrimination based on a protected characteristic, taking protected leave, or breach of an employment contract. Your record's job is to show, with dates, what happened before the firing and what reasons you were given.
Why does the lead-up to a firing matter?
Because the firing on its own rarely shows much — the story is in what came before it. A strong performance history followed by a sudden "performance" firing, right after you made a complaint, tells a clear story. The lead-up is where the evidence lives: the protected action you took, the good reviews that contradict the stated reason, and the timing that connects them.
What should I document for wrongful termination?
- Any protected action you took (a complaint, report, or leave request) with its date.
- Your performance history — reviews, praise, records that contradict a "performance" reason.
- What you were told at each stage, and how the reasons changed between what was said and what was written.
- The termination notice itself and all surrounding communication.
What if the reason they gave keeps changing?
Shifting reasons are strong evidence in your favor. If the reason for your firing changes — verbal one thing, written another, and different again later — that inconsistency suggests the stated reason isn't the real one. Document each version with its date and source, so the changes are clear. You don't have to work out the real reason yourself; showing the stated reasons don't hold up does a lot of the work.
What should I do right after being fired?
Preserve what you already have while you still can: your own copies of work emails, messages, reviews and documents, before access is switched off. Write down, with dates, exactly what you were told and by whom. Note any witnesses. Access disappears fast after a firing, so the first few days matter.
Frequently asked questions
How do I document a firing I believe was wrong?
Document the real reason with a dated record of what led up to it: any protected action, your performance history, how the stated reasons changed, and the termination notice.
What counts as wrongful termination?
Being fired for a reason you believe was wrong — retaliation, discrimination, taking protected leave, or breach of contract — rather than legitimate cause.
What should I document if I think I'll be fired?
Any protected action with dates, all performance feedback, what you're told and by whom, and the termination notice itself.
What if the reason for my firing keeps changing?
Document each version with its date and source. Inconsistent reasons suggest the stated reason isn't the real one, which strengthens your case.
General information, not legal advice. Laws vary by location. For your situation, consult a qualified lawyer. How we write these