Four Common Mistakes That Can Seriously Hurt Your Employment Case

When employees face discrimination, retaliation, or wrongful termination, the most important thing they can do is protect the strength of their legal claims. Unfortunately, many clients, often without realizing it, take actions that weaken their case before an attorney ever gets involved.

Here are four of the most common (and most damaging) mistakes we see, and how to avoid them.

1. Completing Legal or Government Forms Without Consulting an Attorney

Many clients apply for unemployment benefits after being terminated, which is perfectly fine. The problem arises when they answer key questions in a way that unintentionally supports the employer’s version of events.

Example:

When asked, “Why were you terminated?” the client repeats the employer’s stated reason rather than explaining the real reason, such as discrimination, retaliation, harassment, or another unlawful motive.
This creates a record that can later be used against the client and makes it look like they agreed with the employer’s justification.

2. Having a Doctor Fill Out a Reasonable Accommodation Form Without Legal Guidance

Medical forms related to disability accommodation can be powerful evidence, but they can also unintentionally damage a claim if not handled carefully.

Example:

A doctor fills out an accommodation form but checks a box or writes something that indicates the employee cannot perform the essential functions of their job.
Or the doctor requests accommodation (like two hours of break time every day) that effectively admits the employee cannot do essential job duties even with reasonable adjustments.

If the form suggests the employee cannot perform essential functions even with reasonable accommodation, the employer may argue that the employee is not qualified under the ADA, which can severely weaken the case.

3. Failing to Take Screenshots or Save Copies of Electronic Filings

Many modern systems like online HR portals, complaint tools, or unemployment filing systems do not give users a copy of what was submitted.

Why this matters:

Months later, when a case is active, the client often cannot remember:

• what exactly they wrote,

• when they submitted it,

• or which options they selected.

This leads to inconsistencies that can hurt credibility or leave out important evidence.

4. Telling Third Parties Information That Isn’t Accurate

Statements made to landlords, lenders, agencies, and other third parties can resurface during litigation and inaccurate information can severely damage credibility.

Example:

A client who has already been terminated tells their apartment management that they are still employed when completing an employment verification form.
Even if the client was trying to secure housing or avoid complications, this inconsistency can be used to argue they are not being truthful in their legal claims.

Final Thoughts

Employment cases are often won or lost based on documentation, consistency, and credibility. A simple mistake filling out a form incorrectly, signing something without review, or making an inconsistent statement can significantly weaken a strong case.

If you believe you have been wrongfully terminated, discriminated against, or retaliated against, talk to an employment attorney before filling out documents, submitting medical forms, or communicating with HR or outside agencies. Protecting your case starts with protecting your record.

Our firm is here to guide you through every step.
We help clients understand their rights, avoid common pitfalls, and build the strongest case possible. Whether you’re unsure about what to write, what to sign, or what steps to take next, we are ready to support you and advocate for you. In the examples stated above, they all could have been avoided had the client first involved his/her attorney’s input.