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Employee’s Checklist for Wrongful Termination

Dec. 18, 2017

Have you been fired from your job recently? Did the employer give you a legitimate reason why they decided to terminate your employment? If not, you should have a look at this wrongful termination checklist, as there is a good chance you might have a case. The following is a compilation of questions that you should ask yourself to determine whether you have been unlawfully terminated.


The law strictly prohibits employers from terminating employees based on their race, religion, color, or gender. It also provides protection against harassment by employers based on such categories. If you think any of the following are true, you may consider filing a wrongful termination case against your employer:

  • Did the employer ask you for sexual favors, or made undesirable sexual advances, or express to establish sexual relations with you?

  • If you were in any sort of relationship with the employer and it ended for any reason whatsoever, did that result in negative treatment or you were terminated immediately after that?

  • Did the employer make insulting or offensive comments about your gender, disability, national origin, race, sexuality, religion, or age? If yes, were they made openly or in private?


There are federal laws in place that protect employees against discrimination or termination based on their gender, disability, national origin, race, sexuality, religion, or age. The following questions will help you determine whether you were unlawfully terminated:

  • Do you think that you were terminated based on discriminatory reasons? If yes, is there any direct evidence, preferably in writing, for that?

  • Did the employer treat you differently than other employees belonging to a protected category of age, race, gender, or others?

  • Did the employer’s actions or comments indicate biasness against certain group in which you belong? If yes, there are any witnesses who can testify?

Breach of Contract

If a worker is fired when they had an employment agreement with the employer, it is considered as wrongful termination in the form of breach of contract. You may consider filing a claim if you answer “yes” to any of the following questions:

  • Did the contract specify any reasons or a termination procedure?

  • Is there a detailed employee handbook that covers terms and conditions for discipline, advancement, termination, etc.?

  • Did the employee, at the time of signing the contract, make any statements regarding specific situations or reasons for which you could be fired?


The law prohibits employees from punishing or firing employees for taking part in certain protected practices such as cooperating with government agencies, being a witness of illegal behavior and others. You may have a valid claim under retaliation if any of the following holds true:

  • Before you were fired, did you take part any sort of investigation against the company?

  • Did your employer warned or discouraged you from such participation?

  • ü Did your employer tried to convince you to not file a complaint against the company?

If you have answered some of them in yes, it is time to swipe unlock your phone and call an experienced Roselle wrongful termination attorney to discuss your case and help you file a claim against your employer. Contact the Law Office of Michael T. Smith today for a consultation.