What is Wrongful Termination in Arizona?
Hi, my name is Kraig Marton. I’m the head of the employment law section at our firm. As such, I represent both employees and small to mid-size employers in all kinds of employment matters.
What is wrongful termination in Arizona?
There are a lot of kinds of wrongful termination, the one most common, that most people have heard about is the illegal discrimination, like discrimination on the basis of gender or race, national origin, religion, disability, age or the like. There are other kinds of wrongful termination, such as retaliating against somebody for complaining about those kinds of discriminations. Wrongful termination can occur if somebody breaches an employment contract. However, the presumption in Arizona is that employees are at-will and so just because an employee is terminated, doesn’t mean it’s wrongful, even if it seems unfair.
Could any former employee claim wrongful termination?
Any former employee can claim wrongful termination if they have enough money to pay the filing fee to file a lawsuit. That doesn’t mean they will win. In Arizona, the presumption is that every employee is an at-will employee. That means they can be fired for good reason or even for no reason. They just cannot be fired for an illegal, improper reason in violation of the law or a contract and so that an employee claims wrongful termination doesn’t mean they’ll win. So an employee has to make sure they have a good claim before they assert it and an employer should protect themselves from wrongful termination from the day the employee walks in the door.
About the authors: Kraig J. Marton heads the employment law department at the Phoenix law firm of Jaburg & Wilk. He assists employers and employees in complying with the many laws affecting employers.