Being terminated from your job can be a traumatic experience. If your employer fired you, it is important to understand your rights. Arizona and federal employment laws protect employees from wrongful termination in Arizona. If you suspect your employer violated your rights when they terminated your employment, a Phoenix employment lawyer can help.
Employees have certain rights when they are terminated by their employers in Arizona. Employee rights include:
Right to Prompt Payment of Wages
Arizona Revised Statute §23-353 requires an employer to pay final wages within seven working days or by the end of the next regular pay period after termination, whichever date is sooner. If an employee quits their job, they must be paid all wages due no later than the next regular payday.
Depending on the terms of your employment, you might be entitled to other compensation. For example, you may be entitled to sick time and paid time off you have earned through the date of your termination. Arizona state law does not require an employer to pay a terminated employee for unsured paid time off. However, if you have an employment contract, the terms of the agreement may require payment.
Health Coverage
You may be entitled to continued health insurance coverage as a term of an employment contract. If you do not have an employment agreement, you may still have the right to participate in your employer’s health insurance plan after being fired. However, you must pay the full cost of the health insurance coverage if you choose to continue coverage.
Severance Pay
A severance package may include a lump sum payment, continuing payments, health insurance, outplacement services, and other benefits. Arizona state law does not require an employer to pay an employee severance.
However, if you have an employment contract or agreement, it may include a severance package. A severance package may be included in an employee handbook or layoff notice. If so, the employer must provide the promised severance if they terminate your employment.
Unemployment Compensation
Terminated employees may be entitled to unemployment compensation benefits in Arizona. In some situations, an employee may not qualify for unemployment compensation. You must meet specific requirements for the time worked and wages earned during an established period. Also, you must have been terminated from employment through no fault of your own to receive benefits.
Unlawful Termination
Arizona is an “at will” employment state. The employer or the employee can terminate employment for any reason and at any time. However, state and federal laws protect employees from being fired illegally.
Your termination of employment may violate employee rights if:
- You had an employment agreement that dictated your employment terms, and the termination violated one or more of those terms.
- Your termination was in violation of the Family and Medical Leave Act (FMLA).
- Your termination violated public policy. For example, you were fired because you had to miss work to serve on a jury or you filed a whistleblower complaint.
- Your termination violated a state or federal labor law.
- Your employer fired you in retaliation for an act protected by law, such as filing a workers’ compensation claim or reporting unsafe conditions to OSHA.
- Your employer fired you in violation of anti-discrimination or anti-harassment laws. For example, your employer fired you because of a protected characteristic such as gender, religion, or age.
There may be other reasons for unlawful termination. The best way to know if you have a claim is to consult an attorney.
What Should I Do if I’m Fired in Phoenix, AZ?
Determine how much you are owed in final wages and calculate the date when you should receive those wages. If you have an employment contract or other agreement, review the terms of your employment to determine if you are entitled to additional compensation or benefits after termination.
Apply for unemployment benefits as soon as possible to assist you with wage loss while you search for a job. Update your resume to begin your job search.
If you believe your termination violated employee rights, talk with an attorney. A wrongful termination lawsuit may result in compensation for damages caused by the unlawful termination.
Contact a Phoenix wrongful termination lawyer immediately at (480) 569-2377. There are deadlines for filing claims and lawsuits related to wrongful termination. Missing the deadlines could prevent you from pursuing a legal claim against your employer. The lawyers at Houk Employment Attorneys are here to help if you have questions about employee rights in Arizona.
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.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
