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Quiz

Do You Have a Wrongful Termination Case?

EEOC charge filings consistently exceed 60,000 per year for retaliation, race, sex, disability, and age claims, yet most employees who are unlawfully terminated never file because they assume at-will employment leaves them no rights. Answer seven questions about the reason given, protected-class indicators, documentation, timing, severance status, and your work arrangement to see whether your situation sounds worth a free consultation with an employment attorney. This is general information, not legal advice.

Last updated: May 2026

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. Tier = (Reason Given) + (Protected Activity or Class) + (Documentation) + (Timing) + (Severance Status). EEOC filing windows typically target Within 180 days.

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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

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

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.

Reason given: performance (potential pretext)
Protected activity: recent internal harassment complaint
Documentation: emails about the complaint, no prior negative reviews
Timing: 6 weeks ago (within EEOC filing window)
Severance: unsigned

📌 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.

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.

Industry Benchmarks

Category	Good	Average	Poor
EEOC filing windows	Within 180 days	180-300 days (depending on state)	After 300 days
Severance consideration window	21 days for individual, 45 for group	Plus 7-day revocation for age-related releases	Signing without review
Free employment consultations	Common for employee-side firms	Many offer 30-60 minute reviews	Avoid firms that demand fees upfront

Source: Equal Employment Opportunity Commission filing data and Department of Labor employment-law resources

Benchmark data sourced from Equal Employment Opportunity Commission filing data and Department of Labor employment-law resources.

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One of the most common mistakes we see when working with clients: 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.

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Frequently Asked Questions

What is the difference between at-will employment and wrongful termination?

At-will employment (the default in most US states) means either party can end the employment for any reason or no reason, with limited exceptions. Wrongful termination is when the firing falls into one of those exceptions: discrimination based on a protected class, retaliation for protected activity (whistleblowing, taking FMLA leave), breach of a written contract, or violation of public policy. Specific protections vary by state and by federal law.

How long do I have to file a wrongful termination claim?

EEOC charges (the typical first step for discrimination or retaliation claims) generally must be filed within 180 days of the termination, extending to 300 days if a state agency also covers the claim. State law claims have separate deadlines that vary widely. This is general information, not legal advice; an employment attorney in your state can confirm your actual deadline before you take any action.

Should I sign the severance agreement my employer offered?

Most severance agreements include a release of claims, meaning you give up the right to sue for any reason including wrongful termination. Federal law requires a 21-day consideration window (or 45 days for group layoffs) plus a 7-day revocation period after signing for age-related releases. Before signing, a brief consultation with an employment attorney (often free) is usually inexpensive insurance.

What documentation should I gather if I think I was wrongfully terminated?

Save copies of: your offer letter and any contracts, all performance reviews, any written complaints you made about discrimination or harassment, the termination notice or letter, severance offer if any, and recent communications around your departure. Also note any witnesses to relevant events. An attorney can advise on what is most useful for your specific situation.

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