If you have ever lost your job, you know how traumatic that can be in your life. We all have bills and responsibilities, and losing your job makes it hard to fulfill your obligation, which causes severe stress. If you lose your job due to economic conditions, it is easier to understand; still, the stress can be a lot to handle. On the other hand, if you are fired due to no fault of yours, there may be legal recourse. The federal government has rules that businesses must follow, and if they fail to follow the rules, you do have recourse. Remember, each state also has additional rules, so understanding your rights is essential when losing your job. If you experienced a wrongful termination in Arizona, read on for what your options are.
Many states have right-to-work laws, otherwise known as “at-will” employment. This means that both the employer and employee may terminate the employment contract at any time without the burden of providing a reason. As with all rules, there are exceptions, and that’s what you need to understand if you are looking a bring a false termination lawsuit against your previous company. So before reaching out to a wrongful termination attorney review the following items to see if you have a claim.
The following four items are your proof of wrongful termination in Arizona:
- You are terminated outside the scope of your contract; say, if you had a written contract for 12 months and after one month you are fired, that is a breach of contract length of employment, allowing you to sue for wrongful termination.
- Contracts that prohibit an employer’s ability to fire employees
- Termination that violates goes against the Federal or Arizona Civil Rights Act or the United States Civil Rights Act. The federal statute makes it illegal to terminate employment due to race, sex, religion…
- Termination of employees who are in a protected class by the Constitution of Arizona or the Constitution of the United States
In Arizona, it is illegal to fire an employee or otherwise discriminate against an employee due to the following criteria:
- Contract terms
- Discrimination is based on conditions or privileges of employment because of the individual’s race, color, religion, sex, age, national origin, or based on disability.
Wrong Termination regulations
Proving wrongful termination can be tricky so document any instances of illegal behavior if and when it occurs. I know most do not record these transactions; if you are wrongfully terminated, consider what may have transpired and write down any illegal actions against you. If your case makes it to court, you will need facts to support your claim. Read over these other state and federal regulations that apply in Arizona:
- Refusing to act or omit something in violation of a law
- Acting as a whistleblower to inform management of an employer’s violation of the law
- Filing workers’ compensation claims
- Attending mandatory jury service (Title 21-236)
- Voting (Title 16-1012)
- Joining a union (or not joining a union) (Title 23-1302)
- Serving in the military, including the National Guard (Title 26-167 and 168)
- Refusing to pay extra fees as a condition of employment (not including some licensing or training fees) (Title 23-202)
- Refusing to purchase supplies or other goods as a condition of employment (Title 23-203)
- Attending court proceedings in which the employee is a victim (Title 8-420 and 13-4439)
Conclusion wrongful termination in Arizona
Now that you have the facts, it will make it easier to determine if you have a case. When in doubt, call a local attorney to see what they think. Most attorneys provide a free initial consultation to understand your scenario. They will let you know if you have a case, as they won’t take your case if they don’t think it has merit.