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 Is Unlawful Termination?
Wrongful or unlawful termination happens when an employer fires an employee in violation of a legal right or protected status. While Arizona is an at-will employment state, this doesn’t give employers unlimited authority. “At-will” simply means that either the employer or employee can end the employment relationship at any time, for any lawful reason—or no reason. However, it crosses the line into illegality when the reason violates federal or state employment laws.
Some basic grounds for wrongful termination include:
- Discrimination based on a protected class—such as race, religion, gender, national origin, pregnancy, disability, or age;
- Retaliation—for reporting harassment, safety violations, or other illegal conduct in the workplace;
- Breach of contract—where the termination violates the terms of an employment agreement or employee handbook;
- Violation of public policy—such as firing someone for serving on a jury, voting, or refusing to engage in illegal activity; and
- Constructive discharge—when the employer creates intolerable working conditions that force the employee to resign.
Wrongful termination cases often overlap with other employment law issues, like harassment or whistleblower retaliation. These cases can be fact-intensive and emotionally difficult. That is why it is so important to speak with a Phoenix wrongful termination lawyer who understands the legal framework around this issue and how to apply it in your case.
What Do Phoenix Wrongful Termination Lawyers Do?
Phoenix wrongful termination lawyers do much more than file paperwork. They act as advocates, investigators, negotiators, and litigators—all while guiding clients through one of the most stressful moments of their lives. When you lose your job under suspicious or unfair circumstances, a skilled employment lawyer becomes your partner in pursuing justice.
A wrongful termination lawyer at Shields Petitti & Zoldan can assist you by:
- Evaluating your case. We will listen to your story, review your employment records, and help determine whether your employer’s actions violated the law.
- Gathering evidence. This includes emails, performance reviews, witness statements, and other documentation that supports your claim.
- Identifying legal claims. Your case may involve multiple overlapping legal issues, such as discrimination, retaliation, or breach of contract.
- Filing complaints. We can prepare and submit charges to the EEOC (Equal Employment Opportunity Commission), ACRD (Arizona Civil Rights Division), or other government agencies before required deadlines.
- Negotiating settlements. Many wrongful termination cases resolve through negotiation. We can fight to seek fair compensation on your behalf without ever stepping into a courtroom.
- Litigating your case. If negotiations fail, we can represent you in court and work to present a strong case for damages.
- Protecting your rights throughout the process. Employers often have experienced legal teams; we help level the playing field.
In short, Phoenix wrongful termination attorneys don’t just handle legal forms—they help protect your livelihood, restore your dignity, and hold employers accountable.
How Can Phoenix Wrongful Termination Attorneys Help Me?
If you’ve recently lost your job, you may be feeling confused, angry, or unsure of what to do next. A wrongful termination lawyer can give you the clarity and support you need to move forward. Whether your firing was recent or you’re still deciding whether to quit due to intolerable conditions, speaking with a knowledgeable attorney can help you make informed choices.
Here are some of the ways a wrongful termination attorney at Shields Petitti & Zoldan can help you take back control:
- Determine if your firing was illegal. Not every unfair firing is unlawful. An attorney can assess whether your employer crossed the legal line and help you understand your rights.
- Make sure you meet all deadlines. Filing deadlines can be short—sometimes just 180 or 300 days, depending on the agency and type of claim. We can work to make sure your case is filed on time.
- Maximize your compensation. From lost wages and benefits to emotional distress and punitive damages, we will fight for every dollar you’re entitled to.
- Guide you through agency procedures. Whether you’re filing with the EEOC, the ACRD, or another agency, the process can be confusing. We can help handle filings, responses, and investigations with precision and professionalism.
- Handle communication with your employer. Once you hire us as your legal representative, your employer must communicate through us. We can reduce stress and prevent further retaliation or miscommunication.
- Support you through emotional decisions. Losing a job can take a huge toll on your mental and emotional health. Our experienced team can strive to give you not only legal advice but also practical support as you consider your next steps.
Wrongful termination isn’t just about money. It’s about seeking accountability, standing up to injustice, and preventing it from happening to someone else. At Shields Petitti & Zoldan, we’re here to help you tell your story, assert your rights, and pursue the resolution you deserve.
What Are the Most Common Types of Wrongful Termination?
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 Discrimination Law;
- 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.
If You’ve Been Wrongfully Terminated, Contact the Wrongful 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 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
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.