Proving wrongful termination in Arizona can be a challenge, depending on what happened. If you believe you were wrongfully terminated or discriminated against, you have important legal rights to assert. To prove wrongful termination, you will need to prove your employer acted with illegal motives in ending your employment. This is difficult to do on your own–an experienced Phoenix employment lawyer can help.
What is Workplace Discrimination?
Workplace discrimination happens when an employer takes action against one of their employees based on protected characteristics. Hiring practices, firing decisions, unfair promotions or demotions, unequal pay, and harassment are all examples of discrimination that can occur in the workplace. The action could be deemed discriminatory if a decision negatively affects a person’s job because of certain characteristics. Protected characteristics include race, religion, national origin, age, sex, pregnancy, disability, and other distinguishing features unrelated to one’s capabilities.
Examples of Wrongful Termination
Arizona is an “at will” employment state, meaning a person can be terminated at any time for a legitimate reason. Poor performance, misconduct, attendance, and other reasons to let an employee go are generally allowed. Problems arise when an employee is terminated for some other reason that’s not justifiable.
Arizona law protects against wrongful termination of employees. You could have a claim for wrongful termination if any of the following apply:
- Breach of contract: If you have a valid employment contract, at-will laws don’t apply, and your termination must be allowed under the contract.
- Discrimination: If you were fired on the basis of race, religion, color, sex, genetics, age, disability, sexual orientation, or other prohibited bases for termination, you could have a claim for wrongful termination.
- Exercising legal rights: If you were exercising a right given to you under federal or state law and were terminated because of it, you could have a claim for wrongful termination.
- Retaliation: If you were terminated for exercising a protected right, like acting as a whistleblower, that could be considered retaliation and a violation of the law.
- Constructive discharge: This is when an employer intentionally creates a toxic workplace to force an employee to quit. Often, this happens when an employer knows they can get in trouble for firing the employee directly due to their status within a protected class.
If you experienced any of the above or any other situations that could fall under wrongful termination, contact an employment lawyer as soon as possible.
Proving Wrongful Termination
Proving workplace discrimination and wrongful termination can be complex. You will need significant evidence of wrongdoing and a strong case strategy. Simply pointing fingers will not work in a wrongful termination claim. Some key strategies include:
- Document everything: Emails, performance reviews, text messages, meeting notes, and other documents can establish a paper trail showing wrongful termination in your case.
- Find witnesses: You have an uphill battle to climb if it is just your word against your employer’s. If co-workers and other witnesses can back up your claims, you’ll gain a key advantage in your claim.
- Establish a pattern: If you can prove there was a pattern in how performance reviews were handled, promotions and raises were given, or disciplinary actions were taken with regard to you or other types of employees, that can support your case. Under the McDonnell Douglas test often used in these cases, employers have a burden to show non-discriminatory reasons for their actions. If you show a pattern contradicting their position, that will help prove your wrongful termination claim.
Wrongful termination claims can sometimes be challenging to prove. When the facts back you up and you have the right strategy, you can make a strong claim for wrongful termination. Wrongful termination cases in Arizona are different from many other lawsuits and claims, however. You could find yourself dealing with one or more state and federal agencies during the process. It helps to have an experienced employment law attorney to take the right steps in your case.
Contact a Phoenix Wrongful Termination Lawyer Today for a Free Consultation
If you think you were terminated unjustly from your job, you could have important legal rights and a valid claim for wrongful termination. Our dedicated team at Houk Employment Attorneys can review the facts of your claim and determine your next steps. Contact our law office to schedule a free consultation with an Arizona wrongful termination lawyer.
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
