When an employee gets terminated by their employer in violation of their legal rights, this is known as wrongful termination. Employment in Arizona is “at-will”. Either the employer or the employee can end the employment relationship at any time. It can be for any reason or for no reason at all. Naturally, the reason should not be illegal.
There are several exceptions to this rule. Employers should exercise caution since they may be subject to wrongful termination claims.
Exceptions to At-Will Employment in Arizona
Contractual Relationships: There must be a written or implied contract between the employee and the employer. It should specify the duration of employment or terms of termination. When the employer violates this contract, it would constitute to wrongful termination.
Public Policy Violations: In Arizona, an employer may not fire an employee for the following reasons:
- Retaliation for making a claim for workers’ compensation
- Termination for not participating in a illegal act being forced on you
- Retaliation for whistleblowing or exposing a violation of the law
Statutory Protections: Employees are protected from discrimination based on race, color, religion, gender, national origin, age, handicap, or genetic information under federal and state laws. Arizona state law also protects against pregnancy and citizenship status discrimination. Terminating an employee on the basis of any of these protected traits may constitute wrongful termination.
Retaliation: Employers may not terminate employees in retaliation for exercising their rights under employment laws. This could be about discrimination, harassment, or workplace safety.
Covenant of Good Faith and Fair Dealing: Some courts have found that in employment arrangements, there is an implied guarantee of good faith and fair dealing. Wrongful termination happens when an employer terminates an employee with the intention of depriving them of earned benefits or for malicious reasons.
3 Things To Do During Wrongful Termination
- Document Everything: Keep a record of any conversations, acts, or decisions that resulted in your dismissal. In the event that you decide to file a lawsuit, this might be crucial proof.
- File a Complaint: If your wrongful termination claim is based on discrimination or retaliation, your first legal step is to file with the Civil Rights Division of the Arizona Attorney General’s Office or the federal Equal Employment Opportunity Commission (EEOC).
- Consider Mediation: Sometimes a resorting mediation is a better dispute resolution than going to court.
While we’ve provided an overview of wrongful termination in Arizona above, the facts of every case vary. Legal interpretations may also change. Consult with an Arizona employment attorney to know your rights in the workplace.