Adverse Action Audit

Wrongful Termination Checker

A structural diagnostic to identify illegal termination patterns. Analyze "At-Will" exceptions against federal anti-discrimination and anti-retaliation statutes.

Legal Disclaimer

Wrongful termination is a Fact-Intensive legal conclusion. This tool identifies Statutory Red Flags but cannot determine if a specific termination was lawful. Always consult an employment attorney before signing a severance agreement or filing an EEOC charge.

At-Will Employment: The Rule & The Exceptions

In 49 U.S. states, the baseline for employment is At-Will. This means an employer can fire you for having an annoying tie, or for no reason at all. However, it is fundamentally illegal to fire someone for a reason that violates public policy.

Wrongful termination claims usually rely on exposing the employer's "stated reason" as a Pretext for an illegal underlying motive.

The 4 Major 'Illegal' Motives

1. Discrimination

Firing someone based on race, sex, age, disability, or pregnancy. This violates the Civil Rights Act and the ADA.

2. Retaliation

Firing an employee because they filed a complaint with HR, reported wage theft to the DOL, or testified in a harassment investigation.

3. Public Policy

Firing someone for performing a legal obligation (like Jury Duty) or exercising a legal right (like filing for Workers' Comp).

4. Implied Contract

Even without a written contract, if an Employee Handbook promises you will only be fired for "Just Cause" after a 3-step warning process, the employer may be bound by that promise.

Legal Rights FAQ

What is 'Constructive Discharge'?↓
When an employer makes working conditions so intolerable (harassment, dangerous environment) that any reasonable person would be forced to quit. In the eyes of the law, this "quitting" is treated as a firing.
Does Montana follow At-Will?↓
No. Montana is the only state that requires "Good Cause" to terminate an employee who has completed their initial probationary period (usually 6-12 months).
Should I sign my Severance Agreement?↓
Most severance agreements contain a General Release of Claims. By signing, you likely waive your right to sue for wrongful termination. You should always have an attorney review the agreement before signing, especially if you believe the firing was retaliatory.