Arizona is an at-will employment state. This means employers may terminate employees for any reason or no reason at all so long as the reason is not an illegal one. Several state and federal laws prohibit employers from terminating employees for unlawful reasons. For example, the Arizona Employment Protection Act affords employees a cause of action for wrongful termination when they have been terminated:
- in violation of an employment contract;
- in violation of a state statute;
- in retaliation for the employee refusing to engage in conduct that would violate the Arizona Constitution and/or a state statute; and/or
- in retaliation for the employee reporting a reasonable belief that the employer and/or its employee(s) have engaged in conduct violating the Arizona Constitution and/or a state statute.
There are also several state and federal laws that extend whistleblowers additional protections based upon the nature of their respective professions and the information they report to the appropriate authorities.
Furthermore, several laws make it illegal for an employer to terminate an employee on the basis of gender, sexual orientation, race, color, national origin, age, religion, disability, and genetic information.
Depending on the circumstances, employees who prevail on a wrongful termination claim may recover lost wages and benefits, front pay, damages for emotional distress, damages for harm to their reputations, reinstatement, punitive damages, and attorney’s fees.
However, there are often administrative remedies employees must pursue before filing a lawsuit for wrongful termination, and employees have limited time to pursue such remedies. For example, employees who wish to pursue a wrongful termination claim arising from discrimination based on their membership in a protected class must file a charge for discrimination with the EEOC within 300 days of when the conduct giving rise to the claim occurred. Similarly, state employees who wish to pursue a claim for wrongful termination under state law must file a notice of claim no more than 180 days after their termination. The failure to timely comply with such administrative requirements often renders claims for wrongful termination no longer legally actionable.
Employees who believe they have been wrongfully terminated by their employer should consult with an experienced employment law attorney. An attorney will advise the employee of their rights and assist them with navigating any administrative requirements they must complete before filing a lawsuit.