The Evidence You Actually Need to Prove Wrongful Firing (and How to Get It)

Here’s the hard truth: no employer is going to hand you a memo that says, “We’re firing you because you’re pregnant.” Direct proof like that almost never exists.

So how do you prove a firing was illegal? With the right kind of evidence. And most of it is circumstantial.

• Direct evidence: An email, a text, or a statement that flat-out says you’re being fired for a protected reason. Rare, but powerful.
• Circumstantial evidence: Patterns, timing, unequal treatment. This is what most wrongful termination cases rely on.

If your supervisor constantly singles you out - for write-ups, for criticism, for comments about your age, gender, or race - that’s the kind of pattern that matters. One off-hand remark won’t usually cut it, but consistent behavior over time starts to add up.

Don’t just “remember” things. Document them.

• Text or email yourself after each incident. That way you get a date and time stamp you can’t fake later.
• Keep copies of write-ups or performance reviews that feel unfair compared to your coworkers.
• Maintain a timeline. Even if it’s just notes in your phone, consistency makes your case stronger.

Timing can be evidence all by itself. Fired the day after you reported harassment? Or right after you returned from medical leave? That kind of timing is hard for employers to explain away.

Don’t wait until after you’re fired to start documenting. Keep a running record while things are happening. Judges and juries take “contemporaneous notes” much more seriously than memories you write down months later.

Wrongful firing cases are built on evidence, not just feelings. The more you document, the better chance you have of proving your case. If you think something’s off, start keeping records now.