Wrongful Termination Checker
Answer 5 quick questions to see whether you may have a wrongful termination claim under US law.
Most US employees are “at-will,” which means an employer can fire them for any reason or no reason at all — with one significant exception. Firing someone because of their race, sex, age, religion, disability, or national origin is illegal under federal law. Firing someone in retaliation for reporting harassment, filing a workers’ comp claim, or serving jury duty is also illegal. And firing someone in violation of a written employment contract or a company handbook’s discipline policy can be grounds for a claim. The problem is that most people who’ve just been fired don’t know which of these applies to their situation. This free Wrongful Termination Checker walks you through five questions and gives you an honest read on whether you may have a claim worth pursuing.
The checker doesn’t give legal advice. What it does is help you understand the framework so you can have an informed conversation with an employment attorney — or decide that one isn’t necessary.
How the Wrongful Termination Checker Works
- Answer five questions about why you were fired, whether you had a written contract, the timing of your termination, how other employees were treated, and what documentation you have.
- The checker evaluates your answers against the main categories of wrongful termination under US law.
- You get a result explaining what the answers suggest about your situation and what steps, if any, make sense to take next.
What the Five Questions Are Actually Measuring
The reason for firing is the most important factor. Being fired for poor performance or misconduct is almost never wrongful termination on its own. Being fired shortly after you reported harassment, requested a medical accommodation, or filed a workers’ comp claim is a different situation — the law calls this retaliation, and it’s one of the most common wrongful termination claims.
The contract question matters because it changes what “wrongful” means. At-will employees have fewer protections than employees with written contracts or company handbooks that describe a specific discipline process. If your handbook says employees get two written warnings before termination and you were fired without any, that may be a breach of the implied contract the handbook creates.
The timing question looks for what lawyers call “temporal proximity” — being fired suspiciously close in time to a protected action. Courts treat a firing that happens three days after you filed a harassment complaint very differently from one that happens eighteen months later. The checker weights this accordingly.
The comparison question — whether other employees did the same thing and kept their jobs — is called “disparate treatment.” If you were the only one fired for something your colleagues also did, and you belong to a protected class, that difference in treatment can be evidence of discrimination.
Documentation doesn’t determine whether a claim exists, but it determines how strong it is. Performance reviews that contradict the stated reason for firing, emails from your manager, witness names — these are the building blocks of any claim. The checker accounts for what you have.
Frequently Asked Questions
I was fired “at will” — does that mean I have no case? Not necessarily. At-will employment means an employer doesn’t need a reason to fire you, but they still can’t fire you for an illegal reason. If the real reason was discrimination or retaliation, at-will status doesn’t protect the employer.
How long do I have to file a wrongful termination claim? Deadlines vary by claim type. For federal discrimination claims, you generally must file with the EEOC within 180 to 300 days of the firing, depending on your state. Retaliation and contract claims have different timelines. If you think you have a claim, don’t wait — the deadlines are strict.
Do I need a lawyer to file a wrongful termination claim? For federal discrimination claims, the process starts with the EEOC, and you can file a charge yourself without an attorney. Many employment lawyers take wrongful termination cases on contingency, meaning they only get paid if you win. A consultation is worth getting before you decide.
Does this checker replace legal advice? No. This tool provides general educational information based on common wrongful termination frameworks under US federal and state law. Your specific situation may involve facts that change the analysis significantly. If the checker suggests you may have a claim, consulting an employment attorney is the appropriate next step.
Answer the five questions above to check your wrongful termination situation now.