When workplace issues arise, the steps you take can have a significant impact on your ability to protect your rights and pursue a potential claim. Whether you're dealing with discrimination, harassment, retaliation, wage violations, or another employment-related concern, knowing what to do—and what to avoid—can help preserve important evidence and strengthen your position. The following do's and don'ts provide practical guidance for employees navigating workplace disputes.
Do's
Do document workplace concerns.
Keep a personal log (dated, factual, non-emotional) of incidents relevant to the claim. Contemporaneous notes carry far more weight than reconstructed memories later.
Do make complaints in writing.
If you experience discrimination, harassment, retaliation, wage violations, or other illegal conduct, report it in writing. Sending an email from your personal email account helps create a record of your concerns. It also prevents the employer from later denying that you complained at all, which happens regularly when the complaint is not in writing.
Do preserve evidence.
Keep copies of relevant emails, text messages, performance reviews, screenshots, and other documents that may support your claims. Evidence can be critical to protecting your rights. However, do not forward company emails to your personal email. Instead, take screenshots or use other preservation methods.
Do identify potential witnesses.
If coworkers have witnessed the conduct or experienced similar issues, make note of who they are. Their testimony may help support your case.
Do continue performing your job well.
If you're fired or disciplined while a claim is brewing, you want your performance record to be clean so retaliation is obvious rather than debatable. Don't give the employer an independent, legitimate reason to take adverse action against you. Be the best employee you can be.
Do be careful what you sign.
Don't sign any new arbitration agreement, severance offer, last-chance agreement, or performance improvement plan (PIP) with legal-sounding waiver language without having a lawyer review it first. Companies sometimes roll these out once they sense a complaint is coming.
Do understand there are deadlines to file claims.
Many claims have short deadlines—including even shorter deadlines to file with administrative agencies. Talk to a lawyer sooner rather than later just to find out what your deadlines actually are, even if you're not ready to act yet.
Do consult with an employment attorney early.
Before making major decisions about your employment situation – especially quitting – speak with an experienced employment lawyer. Early legal guidance can help you avoid mistakes that could impact your rights or potential claims. Claims are often significantly negatively impacted when an employee decides to quit before assessing their options.
Do seek information about your legal options.
Even if you're unsure whether your employer violated the law, a consultation can help you understand your rights and determine the best path forward.
Don'ts
Don't resign before speaking with an attorney.
Resigning can significantly impact your legal options and may shift attention away from the employer's conduct. Consult an attorney before making any decisions about leaving your job.
Don't delete evidence.
Avoid deleting emails, text messages, voicemails, or other records related to your employment. Once deleted, important evidence may be difficult or impossible to recover. Definitely do not delete any of the company’s information. With computer forensics, it’s easy to trace it back to you.
Don't take company property, confidential files, or trade secrets "to use as evidence."
Removing documents you weren't authorized to take, especially anything proprietary, can expose you to counterclaims (including under California's trade secrets statute) that complicate or even sink an otherwise strong case. If you need documents, a lawyer can pursue them properly through discovery. If there are specific documents that relate to your claims, such as a written complaint, harassment, discriminatory or retaliatory statements or conduct, failure to pay wages, etc., you may be entitled to preserve that evidence. Be sure to consult an attorney on how to navigate this situation.
Don't record conversations without consulting an attorney first.
California is a two-party consent state for recording private conversations (Penal Code § 632), so secretly recording a private conversation with your boss is itself illegal, separate from anything else going on, and could end up getting you sued.
Don't assume HR is on your side.
HR's job is to protect the company. That doesn't mean don't use internal complaint processes (you often should, for the reasons above), but go in clear-eyed about whose interests HR represents.
Don't sign a severance or settlement agreement without legal review, even if it looks generous.
These agreements often include broad releases of claims you may not realize you're giving up, plus non-disparagement or confidentiality clauses with real teeth.
Don't post about your situation on social media.
Comments, photos, videos, or posts can potentially be used against you in a legal dispute, even if they seem unrelated.
Don't badmouth your employer publicly.
No matter how frustrated you may feel, avoid criticizing your employer online or in public forums. Such statements can complicate your case and may be used to challenge your credibility.
Don't take action without understanding your rights.
Making decisions before obtaining legal advice can unintentionally weaken an otherwise strong claim. Get informed before moving forward.
Key Takeaway
If you believe something unlawful is occurring in your workplace, focus on documenting concerns, preserving evidence, and seeking legal guidance as early as possible. The actions you take in the early stages of an employment dispute can have a significant impact on the strength of a potential claim. The experienced employment attorneys at Kesluk, Silverstein, Jacob & Morrison can evaluate your situation, explain your rights, and help you take steps to protect your interests. Contact our team today to schedule a confidential consultation and learn how we may assist with your employment law matter.
