Wrongful Termination Checker
Assess whether your termination may have been unlawful
Wrongful Termination Assessment
Answer the following questions honestly. Your answers are stored locally on your device only and are never sent to any server.
Low Likelihood
Based on your answers, your situation may not clearly indicate wrongful termination under common legal theories. However, every situation is unique. If you feel something was wrong, consulting an employment attorney is still worthwhile -- many offer free initial consultations.
Medium Likelihood
Your answers suggest several factors that could indicate potential wrongful termination. There are enough concerning elements that you should strongly consider consulting an employment attorney. Document everything you can remember and preserve any evidence.
High Likelihood
Multiple indicators in your answers suggest your termination may have been wrongful. You should consult an employment attorney as soon as possible. Time limits for filing claims can be as short as 180 days. Preserve all evidence immediately and document everything while it is fresh in your memory.
Employment Laws That Protect You
Understanding these laws in plain English can help you identify whether your rights were violated.
At-Will Employment (and Its Exceptions)
Most US employees work "at-will," meaning either the employer or employee can end the relationship at any time, for any reason, or no reason at all. However, there are critical exceptions:
Public Policy Exception: You cannot be fired for reasons that violate public policy (e.g., refusing to break the law, exercising a legal right like filing workers' comp, performing a civic duty like jury service).
Implied Contract Exception: If your employer made promises (in a handbook, verbally, or through established practice) suggesting you would only be fired for cause, an implied contract may exist.
Covenant of Good Faith Exception: Some states recognize that employers cannot fire employees in bad faith (e.g., firing right before a pension vests to avoid paying it).
Title VII of the Civil Rights Act (1964)
What it covers: Prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 2020), or national origin.
Who is protected: Employees and applicants at companies with 15 or more employees.
What counts as a violation: Firing, refusing to hire, pay disparities, harassment, segregation, or any adverse employment action based on a protected characteristic. Also protects against retaliation for reporting discrimination.
Americans with Disabilities Act (ADA)
What it covers: Prohibits discrimination against qualified individuals with disabilities in employment. Requires employers to provide reasonable accommodations unless doing so would cause undue hardship.
Who is protected: Employees with physical or mental impairments that substantially limit one or more major life activities, at employers with 15+ employees.
What counts as a violation: Firing someone because of a disability, refusing to provide reasonable accommodations, asking prohibited medical questions, using medical exams to discriminate.
Age Discrimination in Employment Act (ADEA)
What it covers: Prohibits employment discrimination against people aged 40 and older.
Who is protected: Workers age 40+ at employers with 20 or more employees.
What counts as a violation: Firing or laying off older workers and replacing them with younger employees, age-based harassment, job postings that discourage older applicants (e.g., "digital native"), forcing retirement (with limited exceptions).
Family and Medical Leave Act (FMLA)
What it covers: Provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons.
Who is protected: Employees who have worked for their employer for at least 12 months, at least 1,250 hours in the past 12 months, at a location with 50+ employees within 75 miles.
What counts as a violation: Firing someone for requesting or taking FMLA leave, demoting upon return, changing job duties substantially, interfering with the right to take leave, retaliating for exercising FMLA rights.
Whistleblower Protections
What it covers: Multiple federal and state laws protect employees who report illegal activity, safety violations, fraud, or other wrongdoing by their employer.
Who is protected: Employees who report violations in good faith to their employer, a government agency, or law enforcement. Protections vary by the specific law.
What counts as a violation: Any adverse employment action (firing, demotion, pay cut, harassment, blacklisting) taken because an employee reported or refused to participate in illegal activity.
Retaliation Protections
What it covers: Nearly every federal employment law includes anti-retaliation provisions. Retaliation is actually the most common charge filed with the EEOC.
Who is protected: Any employee who engages in "protected activity" -- filing a complaint, participating in an investigation, opposing discriminatory practices, requesting accommodations, or supporting a coworker's complaint.
What counts as a violation: Any materially adverse action that would dissuade a reasonable person from engaging in protected activity. This includes firing, demotion, schedule changes, exclusion from meetings, negative evaluations, or even threats.
State-Specific Considerations
Many states provide additional protections beyond federal law. Common state-level protections include:
Broader protected classes: Many states protect against discrimination based on sexual orientation, gender identity, marital status, political activity, or lawful off-duty conduct (like cannabis use in legalized states).
Lower employer thresholds: While Title VII requires 15+ employees, many state laws apply to employers with as few as 1 employee.
Longer filing deadlines: Some states provide 1-3 years to file, compared to the federal 180/300-day window.
Additional leave protections: Many states have their own family/medical leave laws that cover more employers or provide more leave than FMLA.
Evidence Checklist
Gather and organize the following items. Check off what you have. The more documentation you can collect, the stronger your potential case.
Checklist saved to your device.
Evidence Organization Notes
Use this space to organize your evidence and write down key details while they are fresh. This data stays on your device only.
Notes saved to your device.
Immediate Next Steps
Time-sensitive actions to take after a potential wrongful termination.
Preserve All Evidence Immediately
Save any emails, text messages, voicemails, performance reviews, or documents related to your employment and termination. If you had work on a personal device, do not delete it. Take screenshots of anything that might disappear. Back up everything to a safe location.
Write Down Everything You Remember
While events are still fresh, write a detailed account of what happened. Include dates, times, locations, who said what, and any witnesses. Use the Document tab in this tool to organize your recollection. Details fade quickly, so do this as soon as possible.
Request Your Personnel File
Many states require employers to provide access to your personnel file upon request. This can contain performance reviews, disciplinary records, and other documents relevant to your case. Send the request in writing (email is fine) and keep a copy.
File for Unemployment Benefits
File for unemployment benefits as soon as possible. Being approved for unemployment does not prevent you from pursuing a wrongful termination claim. If your employer contests your unemployment claim, their stated reason for termination becomes documented evidence.
Consult an Employment Attorney
Most employment attorneys offer free initial consultations. They can evaluate your situation and advise whether you have a viable claim. Look for attorneys who specialize in plaintiff-side employment law (representing employees, not employers).
Finding an Employment Attorney
Resources for finding legal representation.
- State Bar Association: Most state bars have a lawyer referral service. Search for "[your state] bar association lawyer referral."
- National Employment Law Project (NELP): Nonprofit that can point you toward resources.
- NELA (National Employment Lawyers Association): Find a member attorney at nela.org who specializes in representing employees.
- Legal Aid: If cost is a concern, contact your local legal aid organization. Many serve workers with employment disputes.
- Contingency fee: Many employment lawyers work on contingency (they only get paid if you win), so do not let cost prevent you from consulting one.
Filing an EEOC Complaint
If your termination involved discrimination based on a protected characteristic.
- Deadline: You generally have 180 days from the date of the discriminatory act to file with the EEOC. This extends to 300 days if your state has its own anti-discrimination agency.
- How to file: Online at the EEOC Public Portal, in person at an EEOC field office, or by calling 1-800-669-4000.
- What happens: The EEOC will investigate your charge, attempt mediation, and either pursue the case, issue a "right to sue" letter, or dismiss the charge.
- Right to sue: You need this letter from the EEOC before you can file a federal lawsuit for discrimination. You can request it after 180 days even if the investigation is not complete.
What NOT To Do
- Do NOT sign anything immediately. If presented with a severance agreement, separation agreement, or general release, take it home and have an attorney review it first. You typically have at least 21 days to consider (40+ days if part of a group layoff under OWBPA).
- Do NOT badmouth your employer on social media. Anything you post can be used against you and may weaken your case. Vent to friends privately, not online.
- Do NOT destroy any evidence. Even if you are angry, do not delete emails, texts, or documents. Destroying evidence can have serious legal consequences.
- Do NOT contact your employer to argue or threaten legal action. Let your attorney handle all communication once you retain one.
- Do NOT wait too long. Statutes of limitations are strict. Missing a deadline by even one day can permanently bar your claim.
- Do NOT discuss your case publicly. Keep details private. Share them only with your attorney, close family, and necessary parties (like the EEOC).