Wrongful Termination Checklist: How to Know If You Have Been Unlawfully Dismissed

If you answer yes to one or more of these questions, you may have a wrongful termination case and should speak to an attorney.

Discrimination

• Do you have clear evidence that you were fired due to discrimination (age, sex, race, ethnicity, sexual orientation, disability, or pregnancy)? This could be an oral or written statement from a manager or supervisor telling you that you are being fired for a reason that suggests discrimination.
• Were you adequately qualified for the job you were doing? Did someone outside of your protected class take your place?
• Did your employer make rude or negative comments to you regularly?
• Did your employer treat specific groups of people differently from others? For example, leaving certain positions out of the reach of women or not allowing Hispanics to have direct access to clients.
• Has your employer or boss been accused of discrimination before?

Disability

• Were you fired shortly after telling your employer about your disability?
• Did your manager make disparaging comments about your disability (physical or mental) and eventually fire or demote you?
• Were you fired after requesting a reasonable accommodation?

Public politics

• Were you fired after refusing to participate in an act condemned by public policy? For example, if you refused to assist in fraud.

Report of irregularities

• Were you fired for reporting a violation or act of misconduct, also known as whistleblowing?

Retaliation

• Were you fired after participating in a legally protected activity? For example, did you file a complaint with the EEOC and then were demoted, fired, or received a negative review as a result?
• Did your manager or employer warn you about filing a complaint?

If you think you may have a wrongful termination case after reading this comprehensive wrongful termination checklist, you should contact an attorney. The statute of limitations (the time in which you must file a claim) can be short in many cases. That is why it is essential to contact an attorney immediately to discuss the feasibility of your case and find out the next steps.