If you’re like most people, you have no idea what documents your employment lawyer is going to ask for during your case. And if you’re in the middle of a lawsuit, you might be wondering why they need all of these specific documents.
In this blog post, we will go over the 10 most common documents that your employment lawyer will request and explain why they need them. Keep in mind that every case is different, so this list may not be applicable to your specific situation. But it’s a good starting point to help you understand what’s going on during your case!
Not only will these documents help your attorneys build your case, but there are certain documents that each side of a lawsuit must share with the other side during the discovery process. Discovery is the period in a lawsuit when documents and information are exchanged between both sides so that all the relevant facts about the lawsuit can be discovered.
Paystubs, W-2s, and Tax Returns
The first thing your lawyer is going to want to see is your paystubs, W-2s and tax returns. They need to see how much you were paid, how often you were paid, and when, if, or how you were paid overtime for the hours you worked. This information is important because it helps to determine how much money you are owed by your employer.
Your lawyer will also need to see your tax returns because any documents related to your compensation will be relevant to your claims.
Driver’s License and Social Security Card
Your lawyer will need to see your driver’s license and social security card so that they can verify your identity and contact information throughout your case.
Your lawyer will also want to see any emails, text messages, or other communications that you had with your employer or other current or former employees of your employer about your job duties, pay, or hours worked. This can be helpful in proving that your employer was aware of the problems you were having at work and that there was no problem with your communication.
Your lawyer will also want to see any documentation that you have about your job, such as your job description or employee handbook. This information can be helpful in proving that your employer violated their own rules. If you have received any written warnings from your employer or performance reviews, your lawyer will need to see them if there is any question about your job performance.
Audio or Video Recording or Pictures Related to the Claim
If there is any documentation of the incident that led to your lawsuit, such as photos or videos, your lawyer will want to see it so that they can show the extent of your claim.
Documents Related to Time Off
Another document that your lawyer will ask for is your time-off records. If you’re claiming that your employer denied you a rightful vacation or sick day, if you took a vacation, if you missed work for a period of time outside of your regular days off, your lawyer will need to see your time-off records to prove that you were entitled to the time off and/or to accurately calculate your damages.
Documents Related to Your Employment and Any Claims
If you have been involved in any other lawsuit related to your employment or have filed a workman’s compensation, unemployment, EEOC or any other type of claim against your employer with any government agency, you will be required to provide any documents you have in your possession related to such claims as part of the discovery process.
If you are currently involved or have recently been involved in a bankruptcy, any monetary damages recovered for you in a wage claim against your employer may be subject to that bankruptcy claim. Please notify your attorney immediately if this applies to you and provide your attorney with any documents you have in your possession related to your bankruptcy claim.
Keep in mind that this is just a starting point. Your employment lawyer may request other documents depending on the specific details of your case. But if you have these documents, you’ll be off to a good start! It’s important to be prepared and to understand why they need certain information. If you have any questions, be sure to ask your lawyer. They should be able to explain everything to you in detail and help put your mind at ease.