Was my termination wrongful or illegal?

How to use: Go through each item. If any apply to your situation, it may indicate an unlawful termination. Note those items and share them with an employment attorney.

Discrimination-based termination

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  Fired due to race, color, or national originProhibited by Title VII of the Civil Rights Act of 1964. Applies to employers with 15 or more employees.
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  Fired due to sex, gender identity, or sexual orientationProtected under Title VII as interpreted by the Supreme Court in Bostock v. Clayton County (2020).
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  Fired due to pregnancy or childbirthThe Pregnancy Discrimination Act prohibits treating pregnancy-related conditions differently from other medical conditions.
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  Fired due to age (40 or older)The ADEA protects workers aged 40 and over at employers with 20 or more employees.
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  Fired due to a disabilityThe ADA prohibits firing based on a disability if you could perform essential job functions with reasonable accommodation.
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  Fired due to religionTitle VII requires employers to reasonably accommodate sincerely held religious beliefs unless it causes undue hardship.

Retaliation-based termination

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  Fired after filing a discrimination or harassment complaintRetaliation for filing an EEOC complaint or internal HR complaint is illegal under Title VII, ADEA, and ADA.
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  Fired after reporting workplace safety violationsOSHA whistleblower protection prohibits retaliation for reporting safety issues.
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  Fired after reporting fraud or illegal activityFederal and state whistleblower laws, including Sarbanes-Oxley for public companies, protect employees who report wrongdoing.
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  Fired after taking FMLA leaveThe Family and Medical Leave Act protects employees at companies with 50 or more workers. Firing for taking qualifying leave is illegal.
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  Fired after filing a workers compensation claimMost states prohibit retaliatory termination after a workplace injury claim.
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  Fired after discussing wages with coworkersThe NLRA protects your right to discuss pay and working conditions with colleagues.

Contract and policy violations

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  Your employment contract promised termination only for causeIf your contract limits termination reasons, firing without cause may be a breach of contract even in an at-will state.
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  The employee handbook described a termination process that was not followedIn some states, handbooks can create implied contracts. Skipping the required process may be actionable.
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  Your union contract was not followedCollective bargaining agreements typically require specific procedures before termination. Violations can be challenged through your union grievance process.

Other potential violations

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  Fired to prevent a commission or bonus from vestingIf timing suggests the firing was designed to deprive you of earned compensation, this may constitute bad faith termination.
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  Fired for serving on jury duty or votingFederal and state laws protect employees from retaliation for performing civic duties.
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  Fired for military service or National Guard dutiesUSERRA protects employees from termination related to military service.
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  Fired shortly after complaining about unpaid wages or overtimeThe Fair Labor Standards Act prohibits retaliation for wage-related complaints.