How to Document Workplace Harassment for a Legal Claim

Woman sitting at her work desk, unhappy after experiencing workplace harassment. Workplace harassment can be deeply upsetting, stressful, and isolating. Whether it involves verbal abuse, unwanted advances, or discriminatory behavior, no one should be forced to endure mistreatment on the job. If you’re considering legal action, documenting the harassment is one of the most important steps in building a strong claim. 

Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-standing law firm in the Greater Glens Falls region, known for its loyalty to clients and straightforward legal counsel. With an “AV” rating from Martindale-Hubbell and 13 attorneys across multiple specialties, our firm provides experienced, trusted representation in Glens Falls, Chestertown, and Miami Shores. We help clients take the right steps to document and pursue workplace harassment claims properly.

Why Documentation Is So Important

When you file a legal claim for workplace harassment, it’s not enough to simply say it happened. Courts and investigators will want to see consistent, factual records. Documentation helps establish:

  • A pattern of behavior over time
  • Specific dates, locations, and people involved
  • Efforts you made to report or resolve the situation

Well-organized evidence strengthens your credibility and gives your attorney a solid foundation to build your case.

Steps to Document Harassment at Work

If you are facing harassment or employee discrimination, here are key steps to begin documenting:

  • Maintain a written journal of each incident, including:
    • The date and time
    • The location
    • The names of everyone involved
    • What was said or done
  • Save emails, texts, chat messages, voicemails, or any form of communication that supports your claim
  • Preserve physical evidence like notes, gifts, or offensive images, if applicable
  • File a report with your company’s HR department and keep copies of the complaint and any response you receive
  • Identify potential witnesses who observed the behavior or who may have had similar experiences with the same individual

Taking these steps early can make a significant difference if your case goes to mediation, arbitration, or court.

Common Mistakes That Can Hurt Your Case

Many employees wait too long or fail to preserve essential details. Avoid the following missteps:

  • Failing to write things down right away while the memory is fresh
  • Deleting emails or texts out of fear or frustration
  • Skipping formal reporting channels within the company
  • Discussing the situation on social media before speaking with a legal professional

Even small oversights can weaken your case, so staying organized and proactive is key.

When to Contact a Workplace Harassment Attorney

If you’re experiencing workplace harassment or employee discrimination, you don’t have to handle it alone. Even if you’re not ready to file a claim, speaking with an attorney early can help you understand your rights and protect your next steps. McPhillips, Fitzgerald & Cullum LLP provides dedicated legal support to clients in Glens Falls, Chestertown, and Miami Shores.

To speak with a local attorney, contact our New York offices at 518-792-1174 or our Florida office at 305-751-8556 and schedule a consultation.

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