Losing a job is a stressful and emotional event. Many terminated workers wonder whether their employer had the legal right to fire them. Arizona is an “at-will” employment state. Employers have broad authority to end employment relationships.
What It Means To Be an “At-Will” State
In an at-will state, an employer can terminate an employee at any time, for almost any reason, or for no stated reason at all. Likewise, an employee can leave a job at any time without giving a reason.
However, at-will does not mean an employer can fire someone for unlawful reasons. Arizona and federal law prohibit discriminatory terminations. In addition, employment contracts, employee handbooks, or collective bargaining agreements may modify the at-will relationship.
Likewise, if you signed a written employment agreement that guarantees employment for a specific term or limits termination to certain causes, your employer may not be able to rely on the at-will doctrine.
Reasons Your Employer Can Terminate You
In Arizona, employers have broad discretion when making personnel decisions. Lawful reasons for termination include:
- Poor job performance
- Violation of company policies
- Attendance problems
- Business downsizing
- Personality conflicts
- Reorganization or elimination of a position
Arizona courts typically presume employment is at-will unless there is clear evidence to the contrary. That presumption can be difficult to overcome without documentation showing the employer agreed to different terms.
Of course, employers cite a lawful reason for termination when, in actuality, the stated reason was merely a cover for discrimination. Employers cannot use a legitimate, nondiscriminatory reason for termination as a pretext for a discriminatory firing.
Illegal Reasons for Termination
Employers cannot fire employees for reasons that violate state or federal law. Examples of wrongful terminations include:
- Employers may not terminate someone because of race, color, national origin, sex, pregnancy, religion, disability, or age if the employee is over 40. Federal statutes and the Arizona Civil Rights Act prohibit such terminations.
- Employers cannot retaliate against employees for exercising protected rights. If an employee reports workplace discrimination, harassment, or other illegal conduct, the employer cannot fire them in response to that complaint.
- Termination for exercising certain legal rights may be prohibited. This can include taking protected medical leave, serving on a jury, filing a workers’ compensation claim, or engaging in lawful whistleblowing.
Additionally, if an employer breaches a written contract by terminating an employee before the agreed term ends, that employee may have legal rights.
You may also have a claim for constructive discharge if your employer intentionally created an intolerable or hostile work environment for the purpose of forcing you to quit.
How a Phoenix Employment Lawyer Can Help With a Wrongful Termination Suit
If you believe you were fired for an illegal reason, a Phoenix employment lawyer can review your situation and help you determine whether you have a wrongful termination claim. An attorney can guide you through the legal process and protect your rights.
A lawyer can help by:
- Determining the nature of your employment relationship. An attorney can assess whether your job was truly at-will or whether an employment contract, handbook policies, or verbal promises modified that relationship.
- Evaluating evidence of unlawful termination. Your lawyer can review documents, communications, and other facts to determine whether your firing was based on discrimination, retaliation, or another prohibited motive.
- Filing claims with the appropriate agencies. An attorney can help you pursue remedies through the Equal Employment Opportunity Commission (EEOC) or the Arizona Civil Rights Division, ensuring your complaint is properly prepared and submitted.
- Meeting strict legal deadlines. Wrongful termination claims are subject to filing deadlines. A lawyer helps ensure you comply with all required time limits so your claim is not dismissed on procedural grounds.
- Seeking available compensation. If your claim is successful, you may be entitled to recover lost wages, lost benefits, emotional distress damages, and other potential remedies.
Wrongful termination cases can be complicated. Having legal guidance can help you understand your options and move forward with confidence.
Contact Houk Employment Attorneys To Schedule a Consultation With a Phoenix Employment Lawyer
If you suspect your termination was unlawful, you should consult with a knowledgeable Phoenix, AZ, employment lawyer for help understanding your rights and legal options.
For more information, please contact the experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
