Wrongful termination screener

Screening tool only. Wrongful termination law is highly fact-specific and varies by state and by industry. This tool identifies potential legal grounds for discussion with an employment attorney - it doesn't evaluate your actual case or guarantee any outcome. See our full disclaimer.

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An employment attorney reviews your specific facts, employment agreement, and termination documentation to confirm whether you have a viable claim. Many employment attorneys work on contingency for wrongful termination cases - meaning no upfront cost to you.

What is at-will employment and what are its exceptions?

At-will employment means either party can end the relationship at any time, for any reason or no reason, without advance notice. This is the default rule in every state except Montana, which requires good cause after a probationary period.

But at-will status has significant exceptions. An employer still can't fire you for an illegal reason - discrimination based on a protected characteristic, retaliation for protected activity, in violation of an employment contract, or in violation of public policy. These exceptions are where wrongful termination claims live.

The challenge is proving the real reason for termination when employers rarely state an illegal motive directly. Circumstantial evidence - timing, inconsistent explanations, disparate treatment of similarly situated employees - often carries a wrongful termination case. If your situation also involves unpaid wages, the unpaid wages calculator can help quantify a separate claim that often accompanies wrongful termination.

What counts as illegal discrimination in termination?

Federal law prohibits termination based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), religion, age (40 and older), disability, and genetic information. Most states add additional protected categories - marital status, sexual orientation and gender identity explicitly, political affiliation, and more depending on the state.

Discrimination doesn't require an employer to say the discriminatory reason out loud. Courts look at circumstantial evidence: were you replaced by someone outside your protected class, were similarly situated employees outside your protected class treated better, did the stated reason for termination shift over time, or was there a pattern of discriminatory comments or treatment leading up to the firing.

What is retaliatory termination?

Retaliation occurs when an employer fires an employee for engaging in legally protected activity - filing a discrimination complaint, reporting safety violations (whistleblowing), requesting FMLA leave, filing a workers' compensation claim, participating in a wage and hour investigation, or opposing illegal conduct in the workplace.

Timing is often the strongest evidence in retaliation cases - termination shortly after protected activity creates a presumption of retaliation in many circumstances, though employers can rebut this with legitimate, well-documented performance issues. If your termination came after reporting a workplace safety issue, review the workplace injury claim screener if a related injury or safety complaint is also involved.

Frequently asked questions

In most states, yes - at-will employment allows termination without any stated reason. Employers are generally not legally required to explain why they're firing you (though many do, for documentation purposes). The absence of a stated reason doesn't itself make a termination wrongful. What matters is whether the actual, underlying reason falls into a legally protected category - discrimination, retaliation, contract violation, or public policy violation. If your employer refuses to give a reason, that alone isn't evidence of anything illegal, though it can make it harder to identify grounds for a claim without further investigation.

Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person would feel forced to resign - and the law treats the resignation as equivalent to a termination for legal purposes. Examples include severe harassment the employer knew about and failed to address, a demotion combined with pay cuts clearly designed to force you out, or a hostile work environment that becomes unbearable. Proving constructive discharge is harder than proving an outright firing because you must show the conditions were objectively intolerable, not just unpleasant. Document everything contemporaneously if you believe you're being pushed toward resignation.

For discrimination claims under federal law, yes - you generally must file a charge with the EEOC (Equal Employment Opportunity Commission) before filing a lawsuit, and you typically have only 180 to 300 days from the discriminatory act to do so, depending on your state. The EEOC will investigate and issue a "right to sue" letter, which you need before proceeding to court. Many states have parallel state agencies (like California's Civil Rights Department) with similar or sometimes longer filing windows. Other types of wrongful termination claims - breach of contract, public policy violations - may not require this administrative step. An attorney confirms the exact requirements and deadlines for your specific claim type.

It varies enormously based on the strength of the claim, your lost wages, and the specific legal theory. Potential damages include back pay (wages lost from termination to judgment or settlement), front pay (future lost wages if reinstatement isn't practical), emotional distress damages, punitive damages in cases of egregious conduct, and attorney fees in many discrimination and retaliation claims. Settlements for proven discrimination or retaliation cases commonly range from $50,000 to $200,000, though this varies enormously based on salary level, egregiousness of conduct, and jurisdiction - some cases settle for much less, others (particularly with punitive damages or class claims) settle for significantly more.

Write down everything while it's fresh - dates, names, what was said, and by whom. Request a copy of your personnel file in writing (many states guarantee this right). Preserve any evidence you have access to - emails, text messages, performance reviews, and any documentation of the events leading up to termination. Don't sign a severance agreement or release of claims without having an attorney review it first, since these often waive your right to pursue legal claims. Apply for unemployment benefits promptly, as this doesn't affect your ability to also pursue a wrongful termination claim. Consult an employment attorney as soon as possible, since filing deadlines for discrimination claims can be as short as 180 days.