If you have been wrongfully terminated, discriminated against, or otherwise treated unfairly at work in Arizona, you may have grounds to take legal action against your employer. However, most employment disputes do not end up in front of a jury. The majority are resolved through negotiation, often resulting in a settlement that compensates the employee without the need for a trial.
Learning about how that process works can help you make better decisions at every stage of your case. Read on for a closer look at how employment settlements are negotiated in Arizona and what an experienced attorney can do to help.
When a Settlement Might Be an Option in Your Arizona Employment Law Case
Arizona is an at-will employment state, which means employers can terminate workers for almost any reason. However, per A.R.S. § 23-1501 and various federal laws, it is illegal to fire someone for reasons that fall into certain protected categories.
A settlement may be on the table if your employer violated the law in any of the following ways:
- Terminating you because of a protected characteristic, such as your race or age
- Firing you in retaliation for exercising a protected legal right, such as reporting illegal conduct
- Breach of contract
- Creating a hostile work environment that left you with no choice but to resign, which is known as constructive discharge
- Failing to pay wages and overtime you were owed
Not every workplace disagreement rises to the level of a legal claim, which is why setting up a consultation with an employment attorney early on may be in your best interest. They can assess the facts of your situation and let you know whether you have a case worth pursuing at that time.
How the Negotiation Process Typically Works
Employment settlement negotiations generally follow this process:
- Building your case: Before any demand is made, your attorney will review the circumstances of your situation and begin gathering supporting evidence.
- Sending a demand letter: Once your attorney has a clear understanding of your damages, they will send a formal demand to your employer or their legal team.
- Back-and-forth negotiation: Employers rarely agree to the initial demand; most will respond with a denial or a counteroffer that falls short. From there, the two sides go back and forth.
- Mediation: In some cases, including those involving discrimination or retaliation, a neutral third party may step in to help facilitate a resolution. The EEOC and Arizona Civil Rights Division both offer mediation as part of the complaint process.
- Filing a lawsuit if necessary: If negotiations stall, your attorney may recommend filing a formal complaint or lawsuit to increase pressure on the employer. Note that cases can still settle after the matter is brought to court.
There are also strict deadlines tied to employment claims in Arizona that can be as short as 180 days in some cases. Seeking legal advice as soon as you suspect you have a valid claim is the best way to ensure you take action on time.
What Damages Can I Recover Through a Settlement?
The value of an employment settlement depends on the type of claim and the harm you suffered.
Damages in employment cases can cover a broad range of losses:
- Back pay for wages and benefits you lost between the date of your termination and the date of the settlement
- Front pay for future earnings if you have not yet found comparable work
- Compensation for emotional distress caused by the employer’s conduct
- Attorney’s fees and legal costs
- Punitive damages in cases where the employer’s behavior was especially egregious
Settlements can also include non-monetary terms. For example, you may negotiate things like a neutral reference or the removal of negative information from your personnel file. These provisions can be just as valuable as financial compensation, depending on your situation.
What Can Affect the Final Outcome of My Employment Law Settlement in Arizona?
Several factors could play a role in how much leverage you have during negotiations:
- The strength and clarity of the evidence supporting your claim
- Whether your employer has a pattern of similar conduct
- How much financial exposure your employer could face if the case goes to trial
- The amount of wages and benefits you lost as a result of the violation
- Whether you took steps to mitigate your damages, such as searching for new employment
Employers tend to take cases more seriously when they know the other side has compelling evidence and is represented by an attorney prepared to pursue litigation if needed.
Reach Out to Houk Employment Attorneys for a Consultation With a Phoenix Employment Lawyer
If you believe your employer violated your rights in Arizona, you may be entitled to file a claim and receive a settlement as a result. Call Houk Employment Attorneys at (480) 569-2377 today. One of our Phoenix employment law attorneys can answer any questions you have about your case and provide initial legal advice.