Identify the Claim First
Employment claims fall into distinct categories with different procedures. Discrimination and harassment claims generally require an administrative charge first. Wage and hour claims can often go directly to court or to a state labor agency. Contract claims follow ordinary civil procedure.
Getting this classification right at the outset determines your deadline, your forum and whether a pre-filing step is mandatory.
Administrative exhaustion is jurisdictional
Most federal discrimination claims require an EEOC charge before you can sue, generally within 180 days of the act, or 300 in states with their own agency. Filing in court without that step usually results in dismissal, and by then the window has often closed.
Building the Record
Collect your contract, handbook, performance reviews, pay records and any written complaint you made. Internal complaints matter disproportionately, because they establish that the employer knew and create the timeline that supports a retaliation claim.
Write a dated chronology while events are fresh, listing what happened, who was present and what was said. Contemporaneous notes carry more weight than a reconstruction produced months later.
Do not take material you have no right to
Downloading confidential company data or other employees personal information to support a claim can expose you to separate liability and can undermine an otherwise strong case. Take what you were lawfully given access to, and no more.
Practical Realities
Employers usually respond with a legitimate business reason, and the case turns on whether it is genuine or pretextual. Evidence contradicting the stated reason, such as strong recent reviews where poor performance is claimed, is the most valuable material you can hold.
Document your job search from the moment employment ends. Failure to mitigate is a standard defence that directly reduces back pay, and applications, interviews and rejections are the answer to it.
Before You Act
Thinking About Filing a Claim?
Most plaintiff lawyers offer a free initial consultation and work on contingency, meaning no fee unless there is a recovery. LawsuitWatch is not a law firm: we publish explainers, and we do not provide legal advice, representation or referrals. Your state bar directory is the reliable place to find and verify a lawyer.
Filing a Lawsuit Against an Employer: Requirements, Deadlines and Evidence: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Do I have to go to the EEOC first?
For most federal discrimination and harassment claims, yes. A charge is generally required within 180 days of the act, or 300 in states with their own enforcement agency.
Can I sue for unpaid wages directly?
Often yes. Wage and hour claims can usually go to court or to a state labor agency without an administrative charge, unlike discrimination claims.
What evidence should I gather?
Contract, handbook, performance reviews, pay records, any internal complaint, and a dated chronology written while events are fresh.
Can I take company documents?
Only material you were lawfully given access to. Taking confidential data or other employees personal information can create separate liability and damage your claim.
Why does my job search matter?
Failure to mitigate reduces back pay. Records of applications, interviews and rejections answer that defence directly.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.