What is Wrongful Termination Case-Fit Tier?
A wrongful termination case-fit tier estimates whether the factors employment attorneys commonly evaluate (reason given, protected-class or retaliation indicators, documentation, timing, severance status, work arrangement) suggest your situation is worth a free consultation. It is a triage, not a legal opinion; only a licensed attorney can confirm whether the termination was unlawful.
The Formula
Formula
Tier = (Reason Given) + (Protected Activity or Class) + (Documentation) + (Timing) + (Severance Status)
Recent protected activity (whistleblowing, FMLA leave, disability disclosure) followed soon after by termination is the single most common worth-a-consult pattern; documentation determines what an attorney can do with it.
Worked Example
Worked example
A respondent fired 6 weeks ago, told it was performance, had filed an internal harassment complaint 2 months prior, has emails about the complaint, no prior performance reviews mentioning issues, severance offered but not signed.
- 01Reason given: performance (potential pretext)
- 02Protected activity: recent internal harassment complaint
- 03Documentation: emails about the complaint, no prior negative reviews
- 04Timing: 6 weeks ago (within EEOC filing window)
- 05Severance: unsigned
Result
Strong worth-speaking-to-an-employment-attorney tier. The retaliation timing combined with the pretext signal is exactly the pattern employment attorneys evaluate. Do not sign severance before a consultation. This is general information, not legal advice.
Why This Matters
EEOC filing windows are short
Federal discrimination and retaliation claims typically must be filed with the EEOC within 180 or 300 days of the termination. Missing the window usually forecloses federal claims permanently.
Severance releases often bar future claims
Standard severance agreements include a release of all claims, meaning signing usually gives up the right to sue for any reason. A short attorney consult before signing is inexpensive insurance.
Retaliation claims are the fastest-growing EEOC category
EEOC data shows retaliation charges now account for over 55% of all charges filed, making it the most common basis for employment discrimination complaints. The pattern of protected activity followed by adverse action (termination, demotion, schedule change) is the core evidentiary frame attorneys evaluate.
Common Mistakes
Signing severance before consulting an employment attorney
Most attorneys recommend never signing a severance release without a consult; many of those consults are free, and the typical 21-day consideration window makes the timing workable.
Assuming at-will employment means no rights
At-will employment has well-known exceptions: discrimination, retaliation, protected-leave interference, breach of contract, and public-policy violations. Many wrongful-termination cases proceed despite the at-will default.
Deleting work emails or messages after termination
Electronic communications (emails, Slack messages, text messages with supervisors) are often the strongest evidence in wrongful termination cases. Preserving copies of relevant communications before losing access to work systems is critical. Forward personal copies of key exchanges to a personal account before your access is revoked, staying within any applicable company-data policies.
Industry Benchmarks
Source: Equal Employment Opportunity Commission filing data and Department of Labor employment-law resources