For the most part, Arizona is an at-will work state. Most workers are considered at-will employees unless they have a written employment contract that states otherwise. They can leave their job at any time they desire. Employers can fire workers at any time for any reason or without cause.
However, working in an at-will employment state does not mean an employer can fire an employee for unlawful reasons. If your employer breaks the law when firing you, you may want to consider filing a wrongful termination lawsuit.
What Is Considered Wrongful Termination in Arizona?
Wrongful termination is an employee’s claim that their termination of employment violated the law or public policy. According to Arizona Revised Statute §23-1501, a worker may have a wrongful termination claim if they are fired for any of the following reasons:
- In violation of a written employment contract
- As retaliation for the worker exercising their civil rights
- In violation of a state statute, the Arizona Constitution, the Civil Rights Act, or other federal law
It is important to remember that disagreeing with your employer may not mean you were wrongfully terminated. Likewise, the reason you were fired might be unfair, but it may not rise to the level of wrongful termination. The best way to know if you have a wrongful termination claim is to talk with a Phoenix wrongful termination lawyer.
Examples of Situations That Might Be Considered Wrongful Termination in Arizona
Numerous situations could qualify as wrongful termination. Common reasons an employee might sue for wrongful termination include:
Discrimination
It is illegal to fire an employee based on being a member of a protected class. Protected classes under Title VII of the Civil Rights Act and the Arizona Revised Statute §41-1463 include:
Several other laws might support a wrongful termination lawsuit for discrimination. For example, an employer cannot fire you because of a perceived or actual disability in violation of the Americans with Disabilities Act. Likewise, it is illegal to fire someone in violation of the Pregnancy Discrimination Act or the Age Discrimination Act.
Retaliation
State and federal laws expressly prohibit employers from terminating employees in retaliation for protected rights or against public policy. Examples of situations that might result in a wrongful termination lawsuit include firing an employee because they:
- Attended jury duty or other required public service
- Filed a whistleblower complaint
- Cooperating with an investigation against their employer
- Filing an OSHA complaint or a wage & hour complaint
- Refusing to engage in illegal activities
- Filing a claim for workplace discrimination
- Joining or not joining a union
- Voting in a state or national election
- Taking allowed time under FMLA or the Arizona Fair Wages and Healthy Families Act
There may be other situations that could result in a wrongful termination lawsuit. If you are unsure about your legal rights, talk with an attorney. An attorney can review the circumstances of your situation and advise you whether you have a legal claim for wrongful termination.
How Do I File a Wrongful Termination Lawsuit in Arizona?
You do not want to wait too long to act on a wrongful termination claim. The deadlines to file wrongful termination lawsuits can be much shorter than the statutes of limitations for other causes of action.
Typically, the statute of limitations for Arizona wrongful termination lawsuits is one year from the termination date. However, if the complaint is for discrimination, the deadline to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Arizona Attorney General’s Office is shorter.
You must file a claim for wrongful termination with the Arizona Civil Rights Division (ACRD) of the Attorney General’s Office within 180 days of the termination date. Complaints filed with the EEOC must be filed within 180 days of the termination date. However, in some situations, the EEOC may extend the 180-day deadline to file a complaint to 300 days.
If the agency investigates your discrimination complaint and denies your claim, you might receive a right to sue letter. The right to sue letter contains the deadline to file a lawsuit against your employer. Failing to file a lawsuit before the deadline means you lose your right to sue for wrongful termination.
Wrongful termination claims are complicated. One or more federal and state laws could apply in your case. You may file claims with one or more federal or state agencies. Determining the best legal option for your case can be confusing. Therefore, your first step is to seek prompt legal advice.
What Compensation Is Available for a Wrongful Termination Lawsuit in Arizona?
A Phoenix wrongful termination lawyer reviews your case to determine the types of damages you may be entitled to receive. Examples of the damages in a wrongful termination claim include:
- Reimbursement for lost wages you would have received had you not been wrongfully terminated
- The expenses of searching for a new job
- Continuation of benefits, including health insurance coverage
- Severance package
- Reclassification of the nature of your termination of employment
- Attorneys’ fees and the costs of the court case
Some employees may be entitled to non-economic damages in addition to their financial losses (i.e., economic damages). You must prove that the wrongful termination caused you undue emotional distress and mental anguish.
Additionally, the court may award punitive damages to punish an employer for wrongfully terminating an employee. Punitive damages are only awarded if an employer acts with extreme misconduct that is reprehensible.
Each wrongful termination case is different. Therefore, your case could have a different outcome depending on the circumstances. Your attorney will determine all causes of action to pursue that give you the best chance of maximizing the compensation and relief you receive for a wrongful termination lawsuit.
Get Help From an Experienced Phoenix Employment Lawyer
If you have questions about a wrongful termination lawsuit, contact our employment lawyers from Houk Employment Attorneys to discuss your situation with an experienced Phoenix wrongful termination attorney at (480) 569-2377.
You deserve to be treated fairly and obtain justice when an employer wrongfully terminates your employment.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
