Record Keeping Is Vital to an Employment Litigation Case

Keep Detailed Records To Support Employment Litigation Claims

No employee wants to find themselves the victim of workplace discrimination, harassment, retaliation or other types of illegal behavior. However, when faced with that reality, employees have the right to defend themselves and demand the appropriate, respectful treatment they deserve. One important step in doing so is keeping detailed accounts of all workplace incidents.

Thorough records will help support an employment law claim and boost the credibility of a case, should the employee pursue the matter.

How to Keep Comprehensive Records

There are many ways to record the negative events at work to preserve the details for future reference. Some good ideas include:

• Keep a journal. Be as specific as possible in relating what was said and done in each offending instance. Record dates, times, locations, and names of others who witnessed the incident. Also, write down the emotions associated with the event and any effect it had on job performance. Further, keep the journal at home or other safe place outside of work.
• Keep copies of offensive or discriminatory notes, pictures, etc. Retain any offending messages. If it is not possible to keep the document, take a photo. Note the date it was delivered or posted and any reactions if it was removed or discussed.
• Keep copies of employment records and reviews. In some cases, employers will try to blame the employee and reference the employee’s poor work performance. Any positive performance evaluations or other notes regarding job success can help disprove those claims.
• Talk to other employees. If possible, talk to others at work about the issue. Other employees may have witnessed an incident or even been the victims of the same behavior themselves.
• Talk to family and friends. Supportive family and friends can both help an employee cope with the issue and provide important backing as an employment issue progresses through the court system.

When facing a workplace dispute, it is the duty of the employee to prove that the employer or another employee is acting against the law. Exhaustive records will make clear the problem and lend credence to a case.

If you feel you are the victim of workplace harassment, discrimination, misclassification, retaliation, or defamation, you may be entitled to make a claim. Speak with our employment lawyer in Orange County, CA at 949-528-4220 for a free, no-obligation consultation.