Were you fired for no reason? They can fire an employee at any time. However, there are exceptions. Employers can be sued for wrongful termination. Consulting a Phoenix wrongful termination lawyer may be in your best interest. At Houk Employment Attorneys we fight to protect the rights of our clients. Contact us to schedule a confidential consultation at (480) 569-2377.
Arizona is an at-will work state. Therefore, employers can terminate employees for any reason or no reason at all. Our legal team has decades of combined experience. As aggressive trial lawyers and skilled negotiators, we fight to protect the rights of our clients.
How Our Phoenix Employment Lawyers Help You With a Wrongful Termination Claim in Arizona
You depend on your job to provide for yourself and your family. Losing your job when you did nothing wrong can be frustrating. If you are an “at will” employee, you might not be able to do anything about being fired. However, you could have a wrongful termination case if the termination violated your rights.
If you believe you have been illegally fired from your job, you need to talk to an experienced Phoenix employment law attorney. Attorney Christopher Houk founded Houk Employment Attorneys in 2019. He has almost 20 years of experience in employment law. His experience and success record have earned him top ratings with national organizations, including Avvo and Super Lawyers.
You do not have to fight your employer alone. You can have the resources and legal team of a top-rated employment law firm handling your case in Phoenix, AZ.
When you hire our top-rated employment law attorneys, you can trust we will:
- Investigate the circumstances surrounding your termination from employment
- Determine if your wrongful termination is a pattern of unlawful conduct by your employer
- Gather evidence supporting your claim, including interviewing witnesses and analyzing your employment records
- Explain labor laws and how those laws apply in your case
- Assess how much your claim is worth by documenting your damages
- Determine your legal options and review the merits of each option with you
- Aggressively pursue complaints with government agencies for wrongful termination
- File a civil lawsuit for wrongful termination if that is in your best interest
Visit Houk Employment Attorneys to schedule a consultation with a Phoenix wrongful termination lawyer. Let’s start building a case to hold your employer accountable for its wrongdoing.
Overview of Wrongful Termination Laws in Arizona
As mentioned above, Arizona is an “at will” employment state. An employee or employer can terminate the employment relationship anytime and for almost any reason. There are very few exceptions to this rule.
For example, if you have an employment contract, it may include specific terms that determine the conditions for terminating employment. If an employer fires a worker in violation of a public law, the termination is illegal. In each of these situations, the employee may file a wrongful termination claim.
Arizona Revised Statute §23-1501 defines when an employee may have a claim for wrongful termination.
An employee may have been wrongfully terminated if they are fired because of:
- A violation of the Arizona Constitution, a state statute, the Civil Rights Act, or other federal law
- Employer retaliation against an employee because the employee exercised their civil rights
- A violation of a written employment contract between the parties
It can be difficult to determine whether a termination is lawful or unlawful. An employee may disagree with their employer about why they are being fired.
However, that does not necessarily mean the termination is illegal. Unfair does not always mean illegal. The best way to know if your termination was wrongful is to speak with an experienced labor law attorney.
Common Types of Wrongful Termination in Phoenix, AZ
Many situations may give rise to a wrongful termination claim. Most wrongful terminations fall into one of three categories: employer retaliation, violations of public policy, and employment discrimination. Examples of terminations of employment that might qualify as wrongful termination include:
Employer Retaliation and Public Policy
Federal and state laws protect employees from being fired for reasons that go against public policy or for exercising their civil rights. Employers who fire employees in retaliation for the worker’s protected activities could face a wrongful termination claim.
Examples of situations that could result in an illegal termination include firing an employee for:
- Joining or refusing to join a union
- Attending jury duty
- Filing a claim for workers’ compensation
- Cooperating with an investigation against the employer
- Filing a claim for discrimination
- Refusing to participate in or conceal criminal activities or discrimination
- Filing a complaint reporting safety violations
- Voting in an election
- Taking time away from work allowed by the Arizona Fair Wages and Healthy Families Act or the federal Family and Medical Leave Act
- Filing a whistleblower complaint
Many other situations could violate federal or state laws. If you are unsure what to do next, talk with a lawyer.
Discrimination
It is unlawful for an employer to fire an employee based on the employee being in a protected class. Numerous federal and state laws protect employees from discrimination.
Protected classes under the Arizona Revised Statute §41-1463 and Title VII of the Civil Rights Act include:
An employer cannot fire you because you are a member of a protected class. Other laws protect employees from wrongful termination for discrimination, including the Pregnancy Discrimination Act, the Americans with Disabilities Act, and others.
Does Constructive Discharge Qualify as Wrongful Termination?
Constructive discharge is when an employer intentionally creates an intolerable or hostile work environment. The purpose of creating such a terrible environment is to force an employee to quit. If an employee quits because of intolerable work conditions created to make them quit, they might have a wrongful termination case.
Protecting Your Rights After Being Wrongfully Terminated in Phoenix, AZ
Depending on the facts of your case, you may have several options for pursuing a claim for wrongful termination. One important thing to remember about wrongful termination claims is that the deadlines for filing claims are much shorter than statutes of limitations for other claims.
For example, the statute of limitations for breach of employment contract and damages from wrongful termination is one year under ARS §12-541. However, the deadline for filing a wrongful termination complaint for discrimination differs.
The deadline to file a wrongful termination complaint for discrimination with the Arizona Civil Rights Division (ACRD) is 180 days. For complaints with the U.S. Equal Employment Opportunity Commission (EEOC), you will have 300 days.
The agency investigates your complaint. It may agree with your claim and order penalties. If it denies your claim, you should receive a letter stating you have a right to sue. The letter has a very short deadline for you to file a lawsuit. If you miss the deadline to file a lawsuit, you could lose the right to take your case to court.
Wrongful termination claims are complex disputes. The rules for these cases are different from other types of lawsuits and claims. You may need to deal with one or more state and federal agencies in addition to the courts. Having an experienced attorney handling your case helps you avoid mistakes that could cause you to lose your case.
What Damages Can I Receive if My Employer Wrongfully Terminates Me in Arizona?
Wrongfully terminated employees may be entitled to compensation and relief from the court.
A wrongful termination lawsuit may result in damages for:
- Back pay and lost wages
- Loss of employment benefits
- Expenses associated with conducting a job search if you were fired or left your employer because of discrimination
- Loss of future career opportunities and diminished earning capacity
- Counseling costs
- Medical expenses
- Pain and suffering
- Emotional distress and trauma
- Embarrassment
- Depression and anxiety
- Attorney’s fees and court costs (if allowed by statute)
- Fees for hiring expert witnesses
In some situations, an employee who was wrongfully terminated may have their position reinstated. However, reinstatement is not possible in all cases. Many factors must be considered to determine if reinstatement is a feasible outcome of a wrongful termination lawsuit.
The court may award additional damages for wrongful termination. If you prove that you experienced excessive mental anguish and emotional distress, you may receive compensation for non-economic damages.
Juries may award punitive damages in some situations. Punitive damages punish the employer for outrageously bad actions and reprehensible misconduct. Our legal team works to maximize the amount you receive for a wrongful termination claim.
Schedule a Consultation With Our Phoenix Wrongful Termination Attorneys
Did your employer fire you unlawfully in Phoenix, AZ? If so, we can help. Call Houk Employment Attorneys to speak with a Phoenix wrongful termination lawyer to learn about your legal rights. We will discuss your options for filing claims seeking compensation for damages from being unlawfully terminated from your job.
Visit Our Employment Law Office Located in Phoenix, AZ
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
