The fact that a decision is unfair does not automatically make it unlawful. But discipline and termination often create the clearest record of what an employer says happened and why.
Choose the problem
- I was fired
- I am being put on a PIP
- I am suddenly being written up
- I am being investigated
- I am thinking about resigning
- I was included in a layoff
Preserve the reason immediately
Save the warning, performance plan, termination letter, investigation notice, meeting invitation, severance agreement, or other document communicating the decision. If the explanation was oral, write it down promptly and identify who gave it.
Compare the new story with the old record
Prior performance reviews, praise, discipline, attendance, goals, metrics, coaching, complaints, accommodation requests, and workplace changes can help test whether the stated reason fits the contemporaneous record.
Unemployment is a separate proceeding
An employer's separation explanation may later appear in an unemployment record. That proceeding has its own rules and deadlines and belongs on UIAppeals.com when that specialist resource is ready.## If you are still employed
Do not wait for termination to preserve the record. Keep the PIP, warning, investigation notice, goals, metrics, prior reviews, relevant policies, and written responses you are entitled to possess. If a document is inaccurate, a short factual response is often more useful than a long accusation.
If you were fired
Save the separation notice, reason given, effective date, final-pay information, benefit notices, severance papers, unemployment documents, and any instruction about returning equipment or accessing records. Write down the termination conversation while it is fresh.
If the reason keeps changing
A different explanation is not automatically unlawful. But it is worth preserving what each person said, when, and in which forum. Later explanations should be compared with the contemporaneous record rather than remembered as one blended story.