Arizona is an at-will employment state. Employers can terminate employment at any time for any reason or no reason at all. However, being in an at-will work state does not mean workers have no protection from wrongful termination. Employers can be sued in certain circumstances when the termination is illegal, violates public policy, or breaches the terms of an employment contract.
How Does Arizona Define Wrongful Termination?
Arizona Revised Statute §23-1501 lists the reasons an employee has a claim against the employer for wrongful termination. Common reasons for filing a wrongful termination lawsuit include:
Violation of an Employment Contract
An employment contract is legally enforceable. If the termination breaches the terms of the employment agreement, the employee can sue the employer for wrongful termination. However, the remedies in this situation would be limited to those for a breach of contract.
Violation of State Law
A wrongful termination action may exist if the employer fired a worker in violation of the Arizona Constitution or laws. Examples include violations of the state Civil Rights Act, Occupational Safety and Health Act, hours of employment, agricultural employment relations, or disclosure of information by public employees. If the statute provides a remedy for the employee, the remedy is exclusive for a violation of the statute.
Exercise of Legal Rights
An employee can sue the employer for wrongful termination if the employer fires the employee because the employee:
- Refuses to violate the law for the employer
- Reports an illegal activity by the employer or another employee
- Files a workers’ compensation claim
- Takes time off to perform jury duty, vote, or serve in the National Guard or armed forces
- The exercise of free choice regarding membership in a labor organization
- The exercise of the right to be free from gratuities or fees as a condition of employment
- The exercise of the employee’s right to leave work
- The exercise of a right to be free from coercion to purchase supplies or goods from a specific party as a condition of employment
If a statute provides remedies for a wrongful termination action, the employee is limited to those remedies.
Other Reasons for a Wrongful Termination Action
A wrongful termination action may be filed if an employer violates federal law. Examples of reasons to file a wrongful termination action include, but are not limited to:
- Sexual harassment
- Workplace discrimination related to a person’s age, color, sex, religion, disability, national origin, or race
- Filing a whistleblower complaint
- A violation of the Family and Medical Leave Act (FMLA)
- The employee was forced to resign because the employer deliberately created an “intolerable” work environment (i.e., constructive termination)
If you are unsure whether your employer violated the law by terminating your employment, talk with a Phoenix wrongful termination lawyer. You could be entitled to compensation for damages for a wrongful termination claim.
What Damages Can I Receive for a Wrongful Termination Claim in Arizona?
The damages you receive after your employer illegally fires you from your job depend on the circumstances of your case. It also depends on whether you file under a state statute providing exclusive remedies.
Examples of damages in a wrongful termination case include:
- Loss of employment benefits
- Back pay and wages
- Diminished earning capacity
- Loss of future career opportunities
- Expenses related to a job search
- Medical and counseling expenses
- Pain and suffering
- Attorneys’ fees and costs of the case
In some cases, the court may order the employer to reinstate the employee. However, that is not always possible.
Arizona Wrongful Termination Checklist
Do you question whether your termination from employment was lawful? If so, do any of the following apply in your case:
- Were you fired after filing a workers’ compensation claim or reporting a workplace accident?
- Did your employer terminate your employment and hire a much younger replacement with fewer qualifications?
- Were you fired after you reported sexual harassment or other harassment in the workplace?
- Did your employer fire you after you questioned whether you received the correct pay for work performed or reported a violation of Arizona wage and hour laws?
- Were you let go from your job after you reported race discrimination to your employer?
- Were you fired because you filed a whistleblower report, reported workplace violations to OSHA, or participated in an investigation of alleged illegal activities by your employer?
- Did your employer terminate your employment after you applied for and/or took time off required by the FMLA (Family and Medical Leave Act)?
If any of the above situations apply, your termination may be unlawful. The above situations are not an exhaustive list of reasons for wrongful termination.
Contact the Phoenix Employment Attorneys at Houk Employment Attorneys Today For Help With Your Case
For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377