Losing your job is always challenging. However, when you believe your termination was unfair or unlawful, the aftermath is all the more frustrating and overwhelming. In Arizona, employees receive specific legal protections to defend against illegal firings. Knowing your rights and understanding these laws can empower you to take the necessary steps to protect yourself.
This blog post will explain what employees should know about Arizona’s wrongful termination laws. We’ll cover the legal definition of wrongful termination in Arizona, what illegal firing looks like, and what you should do if you think you have experienced one.
What Is Wrongful Termination?
Wrongful termination happens when an employer fires an employee for an illegal reason. Arizona’s employment laws prevent employers from dismissing employees under certain circumstances, including when their motivations violate the law, an employment contract, or public policy.
Many employees don’t realize that in Arizona, unfair reasons for termination are not always unlawful. Arizona is an “employment-at-will” state. This means that you or your boss have the right to end your employment at any time and for almost any reason—as long as that reason doesn’t break state or federal law.
Even if you feel like you were fired for unfair or trivial reasons (e.g., a boss’s personal dislike), unless you have reason to suspect your employer violated a specific law, you may not have grounds for a wrongful termination claim.
Common Grounds for Wrongful Termination in Arizona
Although most Arizonans are at-will employees, there are still many situations when a termination can be illegal. Let’s walk through some key exceptions to Arizona’s at-will employment policy that can provide grounds for a wrongful termination claim.
Discrimination
Federal and Arizona law prohibits terminating someone because of personal identity characteristics such as race, religion, sex, age, disability, pregnancy, or national origin. Any time an employer uses one of these protected features as a reason for letting someone go, they could face a wrongful termination claim.
Retaliation
Employers in Arizona cannot legally fire employees for reporting wrongdoing in the workplace, such as safety violations, illegal discrimination, or wage theft. This is known as retaliation, and it’s illegal under state and federal law. If you lose your job shortly after filing a misconduct complaint, you may be a victim of retaliation by wrongful termination.
Breach of Contract
Arizona law requires employers to honor all legal agreements—whether written, verbal, or implied—with employees. If your employer violates the specific terms of your employment contract when they fire you, you could have grounds for wrongful termination. For example, if your contract states you can only be terminated for poor performance, it’s illegal for your employer to dismiss you for unrelated reasons.
Violation of Public Policy
Violating public policy is similar to unlawful retaliation. Employers violate public policy when they dismiss someone for exercising their legal rights or refusing to participate in an activity prohibited by Arizona law. For example, an employer could violate public policy if they fire an employee who takes legally entitled sick leave, serves on a jury, or joins a union.
Steps to Take If You Suspect Wrongful Termination
If you believe your firing was illegal, here are some critical steps to take to protect yourself:
- Gather evidence. Collect any documentation related to your employment, including contracts, performance reviews, and your termination letter. Keep copies of any communications with your employer, manager, or HR.
- Consult a lawyer. Contact a legal professional with a background in Arizona employment law. The laws on wrongful termination in Arizona can be complex, and an experienced wrongful termination attorney is the best resource to help you understand your rights and options.
- Act quickly. There are deadlines for taking legal action after a wrongful termination. Depending on the laws involved, you may need to file additional administrative complaints with a state or federal agency to pursue your case.
Employees who’ve been fired unlawfully have the right to hold their employer accountable for their wrongful actions and may even recover compensation for violating their rights.
Shields Petitti & Zoldan: Trusted Advocates for Arizona Employees
At Shields Petitti & Zoldan PLC, we understand how devastating wrongful termination can be. With over 50 years of combined experience and nearly $25,000,000 in settlements recovered for our clients, we have the knowledge and dedication to fight for your rights.
Our attorneys are prepared to investigate the circumstances of your dismissal and identify any violations of Arizona’s wrongful termination laws. As our client, you can have confidence that we will use our wealth of insights and experience to advocate for you through negotiations and litigation if necessary. You don’t have to face this challenge alone. Contact Shields Petitti & Zoldan today to schedule a consultation and learn how we can help you seek justice.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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