Wrongful Termination in Arizona
What Is Wrongful Termination?
While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Arizona law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
Under Arizona law, an employer who breaches an employment contract is subject to the usual remedies. These legal actions may include compensatory damages, injunctions, or orders based on a specific performance.
Types Of Wrongful Termination
In Arizona, there are many instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney in Arizona if you suspect wrongful termination.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Arizona state, federal, or local laws prohibit these reasons.
The Arizona State Legislature has passed laws making Arizona a right-to-work state currently. In effect, this means that you do not have to join a union as a prerequisite to gaining employment. Other states in the U.S. allow this to be a mandatory requirement for professions like teaching, or construction work.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in Arizona for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Arizona attorney can walk you through the process to help ensure the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
Current legislation makes harassing whistleblowers illegal in the State of Arizona. Nobody in your workplace can use intimidation or other means to cause physical, emotional, or monetary harm in retaliation. If you have evidence that this occurred, having an attorney by your side can protect your interests and put an end to this illicit behavior.
Some states also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated in Arizona
Did you suffer from wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the Arizona laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
It’s crucial not to delay because the Equal Employment Opportunity Commission has a tight statute of limitations. In general, Arizona workers only have up to 180 days from the date of an incident of discrimination to file a complaint. If your situation has similarities between state and federal law, that deadline can be up to 300 days.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process sometime before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Arizona wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Arizona employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you haven’t consulted an attorney yet, the EEOC offers a self-evaluation tool to help determine whether filing a claim is the right step for your case. An attorney can simplify this process by assisting with drafting your complaint and serving notice to your employer. This begins the resolution process. Keep in mind, that many cases don’t reach the courtroom, as some employers choose to settle beforehand.
There are state and local facilities dedicated to helping individuals with EEOC complaints in Arizona. You may consider reaching out to the Phoenix District Office to find help or schedule in-person meetings.
Why You Should Hire a Wrongful Termination Attorney in Arizona
Filing a wrongful termination lawsuit in Arizona can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to finally have someone listen helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced Arizona attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some Arizona attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Arizona attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Arizona state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with a wrongful termination attorney in Arizona!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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