Wrongful Termination in an “At-Will” Employment State Explained

While Arizona is an “at-will” employment state, meaning that an employer can terminate an employee’s contract for no apparent reason as long as it isn’t unlawful. Disputes can arise that lead to the termination of the employee’s contract and thus, their employment. However, the employer cannot violate an employee’s rights in the process.

What is Wrongful Termination?

While employees may feel wronged when they are fired or let go for no apparent reason, wrongful or unfair termination occurs when an employer terminates the job of an employee for an illegal reason (A.R.S. § 23-1501). To be wrongfully terminated, an employer fires an employee for a reason considered unlawful, which include:

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• Discrimination. If an employer terminates an employee due to them being a part of a protected class. Protected classes as defined under Federal law are sex (includes gender, sexuality, and sexual identity), race, religion, race, creed, national origin or ancestry, physical or mental disability, veteran status, genetic information, and citizenship.

• Retaliation. An employee that reports on wrongdoing at their place of employment to a superior is a legally-protected whistleblower. If their employer fires them as a response, then that act is retaliation which is not permitted by law.

• Family Leave or Medical Leave. An employee that needs to take leave for family reasons or their own medical issues cannot be terminated pursuant to the Federal and Medical Leave Act (FMLA)

• Breach of Good Faith and Fair Dealing. Employers and employees sign employment contracts with given expectations. But, when an employer fires an employee for a fabricated or false reason, then it is considered a breach of good faith and fair dealing.

• Violation of Public Policy. An employer cannot terminate the employment of an employee for participating in a political party, jury duty, the military, or participation in a recognized group such as a labor union.

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In Arizona, even though it is an “at-will” employment state, an employer cannot violate employment laws in the process of terminating an employee. Employers cannot terminate an employee for taking time off due to filing a worker’s compensation claim; make complaints about safety issues in the workplace; whistleblowing under state law; taking leave; and filing a complaint for violation of Arizona’s wage and hour laws.​

What Should I do if I think I was Wrongfully Terminated?

If you think that you’ve been the victim of wrongful termination, you may be entitled to a severance package, and/or damages. There are different statutes of limitations for wrongful termination claims depending on the law the employer violated. If you think you may have a wrongful termination claim, speak with an employment attorney quickly to make sure you don’t miss any deadlines.

We Protect Arizona Employees’ Rights

At Robinson Law Offices, we believe that every Arizona employee has the right to be free from unlawful practices in the workplace. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.

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We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.

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