Wrongful Termination Lawyers in Phoenix
Most Arizona workers are at-will employees, meaning employers can fire them at any time for any reason, with or without cause. But sometimes, a firing is genuinely unfair.
Occasionally, it can even be illegal, amounting to wrongful termination. Fortunately, Arizona state and federal wrongful termination laws allow wrongfully terminated employees to take legal action.
Wrongful termination cases can be difficult to prove, which is why it’s essential to retain a skilled wrongful termination law firm. At Shields Petitti & Zoldan, PLC, our compassionate Phoenix wrongful termination lawyers have decades of combined experience assisting clients with employment-related cases.
If you’ve experienced a wrongful termination, our attorneys can explore whether your employer engaged in illegal conduct, explain your legal options, and help you chart your best course of action.
Our Phoenix wrongful termination attorneys have exceptional legal track records. Some of our attorneys have received Martindale-Hubbell’s AV-Preeminent rating, a National Trial Lawyers Top Forty Under Forty Attorneys designation, and Lawyer of the Year in employment law from The Best Lawyers in America. Others have been named Super Lawyer and a Super Lawyer Rising Star in employment law by Thompson Reuters. With our unparalleled employment law experience, you can rest assured that we will handle your wrongful termination claim with the care and diligence it deserves.
What Are the Most Common Types of Wrongful Termination?
Most employees are “at-will” employees. The only exception to at-will employment is when an employee signs an employment contract stating otherwise. Otherwise, in an at-will employment situation, an employer can lawfully fire an employee for nearly any reason, even if that reason seems unfair.
Furthermore, wrongful termination doesn’t occur just because an employee disagrees with their employer’s reasoning. Many terminations are unfair, but they don’t rise to the level of illegality. However, there are numerous situations where terminations are wrongful and illegal.
The most common types include, but are not limited to:
- Terminating an employee based on race, color, religion, national origin, or gender in violation of Title VII of the Civil Rights Act and Arizona Law 41-1463;
- Terminating an employee based on their age if they’re 40 or older in violation of the Age Discrimination in Employment Act;
- Terminating an employee based on their pregnancy or maternal status in violation of the Pregnancy Discrimination Act;
- Terminating someone based on an actual or perceived disability in violation of the Americans with Disabilities Act;
- Terminating someone in retaliation in violation of state and federal laws protecting specific employees’ actions and whistleblowers;
- Terminating someone for taking time off for reasons protected under the Family and Medical Leave Act;
- Terminating someone for attending mandatory jury service;
- Terminating someone for taking time off to vote;
- Terminating someone for joining or not joining a union;
- Terminating someone for serving in the military, including the National Guard;
- Terminations that violate the National Labor Relations Act, Uniformed Services Employment and Reemployment Rights Act, or Agricultural Employment Relations Act; and
- Terminating someone in breach of contract.
If you’re unsure whether you’ve been a victim of unlawful termination, the Phoenix wrongful termination attorneys at Shields Petitti & Zoldan can explain relevant employment laws, review your case, and determine if your firing might have constituted an illegal action.
How Do I File a Wrongful Termination Complaint in Arizona?
To make a wrongful termination complaint, you must file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). You must file your complaint within 300 days of the alleged discriminatory act.
You can also file a wrongful termination claim for other non-discriminatory actions within 180 days of the act with the Arizona Civil Rights Division (ACRD) of the Attorney General’s Office.
When you file a discriminatory or another wrongful termination claim, the agency you filed with will conduct an investigation. After the investigation, you may receive a “right to sue” letter, which gives you 90 days to sue your employer. If you fail to file a lawsuit by the 90-day deadline, you lose your right to sue for discrimination.
What Is the Wrongful Termination Statute of Limitations?
The Arizona wrongful termination statute of limitations requires that employees file a claim of wrongful termination through the ACRD of the Attorney General’s Office within 180 days of termination.
Under federal discrimination laws, an employee has 180 days to file a complaint with the EEOC, starting from the day the termination occurred. The EEOC will extend the 180-day filing deadline to 300 days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis.
However, for age discrimination, the filing deadline is only extended to 300 days if state laws exist and a state agency or authority enforces those laws.
The statutes of limitations vary depending on your causes of action. For this reason, consulting with an attorney as soon as possible will help you avoid missing an important deadline.
If you suspect your employer wrongfully terminated you, working with the Phoenix wrongful termination attorneys at Shields Petitti & Zoldan can help make all the difference. Our unlawful termination attorneys can investigate your wrongful termination petition and help you file your claim promptly so that you don’t lose your right to seek justice.
How Is Wrongful Termination Compensation Calculated?
Wrongful termination settlements vary. But in most cases, victims can recover compensatory and, in some cases, punitive damages. Compensatory damages pay victims for out-of-pocket expenses, such as costs associated with job searches or medical expenses, and damages for emotional harms, like mental anguish.
Victims may receive punitive damages to punish employers who committed especially malicious or reckless acts of discrimination.
Typically a lawyer will add up your yearly salary, bonuses, commissions, lost future raises, and lost benefits. They will then multiply this number by the number of years that you’ve been unemployed and the years you expect to remain unemployed if you haven’t already found new employment.
However, this calculation doesn’t account for factors like age, job type, education, experience, and pain and suffering. For this reason, your lawyer will work with experts to devise a settlement figure appropriate for your unique situation.
Frequently Asked Questions
What Is Constructive Discharge?
An employee suffering from sexual harassment or discrimination in the workplace that an employer either refused or failed to correct may have a claim for constructive discharge if they felt forced to quit the job. This is just one example of a situation that may give rise to a constructive discharge claim.
Are Discrimination and Wrongful Termination the Same Thing?
In the United States, gender, race, religion, origin, citizenship status, medical history, and marital status are all protected classes under workplace discrimination laws. Anyone fired because they are a member of one of these protected classes can file a wrongful termination claim.
What Is the Difference Between At-Will Employment and an Employee with an Employment Contract?
Most employment is at-will, meaning an employer has the right to fire the employee at any time as long as the reason is lawful. However, some employees have signed employment agreements dictating the terms of employment. In these cases, the employee usually has a contractual right to employment for a certain length of time, for certain pay, and with specific benefits. These agreements also typically define when an employer can terminate and for what reasons.
I Am the Oldest Employee at Work. Was My Firing Wrong?
It depends on several factors. If you are over 40, it is unlawful for an employer to terminate you primarily because of your age. But you will have to prove that age was the main reason for the firing. If you think you’re a victim of age discrimination, a skilled employment law attorney at Shields Petitti & Zoldan can review your case and help you explore your legal options.
Can My Boss Harass Me Because They Don’t Like Me?
Unfortunately, while it isn’t nice, it isn’t illegal unless they harass you because you are a member of a protected class.
But What If My Boss Is an Actual Bully?
There are no laws against bullying in the workplace. There are laws prohibiting unwelcome sexual conduct and conduct that is discriminatory, retaliatory, or that involves unlawful physical harm. If you are experiencing bullying or are being intimidated or harassed in the workplace, it is essential to speak with an experienced employment law attorney who can help you identify whether the conduct is unlawful.
What If My Boss’s Bullying is Making My Working Environment Intolerable? Can I Do Anything?
Depending on the circumstances, if your employer’s behavior creates a work environment so intolerable that no reasonable and objective person could continue working there, you may have a claim for constructive discharge. In this case, you may be able to leave your employment and make a claim against your employer. A wrongful termination lawyer can review your case and advise you of the best steps to take in your situation.
Can I Be Fired for Complaining About Sexual Harassment?
Not legally. Firing someone for complaining about sexual harassment is considered retaliation.
Can I Be Fired for Complaining About Safety?
If your employer fails to implement the safety measures required by law and terminates you for complaining about it, you could be entitled to whistleblower protection.
Can I Quit and Still Sue My Employer for Wrongful Termination?
It depends. When a work environment is so hostile or toxic that you have no choice but to quit, you may still be eligible to file a wrongful termination claim. But you must be a member of a protected class, and your employer must have acted in ways that violated your rights and legal protections.
Contact the PhoenixWrongful Termination Law Firm Shields Petitti & Zoldan Today
If you believe your employer unlawfully fired you, one of our skilled Phoenix wrongful termination lawyers can review your case and answer all of your questions. If you’ve been harmed, we can help you pursue back pay, unpaid wages, and other compensatory damages. Our attorneys will fight tirelessly to protect your rights. Contact us today to schedule a consultation to learn more about how we can help you hold an employer accountable for your wrongful termination.
Our employment lawyers are also able to assist you with the following cases:
- Arbitration and Mediation
- Breach of Fiduciary Duty
- Business Contract
- Business Litigation
- Constructive Discharge
- Employee Advocacy
- Employer Counseling
- Employment Litigation
- Hostile Work Environment
- Medical & Disability Leave
- Sexual Harassment
- Small Business Consulting
- Wage and Hour Violation
- Whistleblowing
- Workplace Discrimination
- Workplace Retaliation