Arizona is an at-will state, which means as an employer, you can terminate an employee at any time for any legal reason, and your employee can quit at any time without giving a reason. Although Arizona is also a right-to-work state, you still cannot terminate an employee if they join a union.
You also cannot terminate employees because they are whistleblowers or because of their federally protected status. These protections cover characteristics the employee does not control, such as their age, race, gender, religious beliefs, disabilities, and sexual orientation. If you have complied with these laws and an employee has filed a regulatory complaint against you, you may require the services of a Phoenix wrongful termination lawyer. Schedule a confidential consultation now and let our trusted business attorneys answer your questions.
What Are Federal and State Discrimination Laws?
The Civil Rights Act of 1964 tasks the Equal Employment Opportunity Commission (EEOC) to oversee discrimination in the workplace on a federal level, and the state followed suit by adopting the Arizona Civil Rights Act of 1964 (ACRA), which can be found under Arizona Statutes § 41-1463.
The laws are nuanced. For example, terminating a professor at the private Benedictine University is not considered discrimination if the reason is because their religious values do not comport with Catholicism. As another example, if you terminate a child model when they age beyond wearing children’s clothing, it is not discrimination, because it is a specific requirement of the job.
A Phoenix attorney can assess your circumstances and determine a defense strategy if a wrongful termination lawsuit is filed against you by a disgruntled employee.
Other Reasons Employees Claim Wrongful Termination
When you are the target of a lawsuit, you should gather company records that detail information about the employee whom you terminated and is now claiming it was wrong. Make sure the termination was for cause and not for any of these reasons:
- Political views
- Requested time off to fulfill military obligations, such as serving in the Reserves
- Requested leave under the Family and Medical Leave Act
- Accepted jury duty
- Retaliation after they reported you for discrimination, fraud, or wage and hour violations as a whistleblower
If your employee reported their termination to a regulatory agency, claimed it was wrongful, and then filed a civil lawsuit, a Phoenix lawyer can build a case to refute the allegations.
How Your Attorney Will Defend You for Terminating an Employee
Your terminated employee may file a discrimination suit under ACRA or under federal laws including Title VII of the Civil Rights Act, Age Discrimination in Employment Act (ADEA), or the Americans with Disabilities Act (ADA). If a regulatory or administrative agency does not resolve the issue, you may be the defendant in a civil suit in state court. Our Phoenix-based attorney will compile evidence that the employee is mistaken, or the termination was not a discriminatory practice because you had grounds to fire them. This situation is an example of why keeping detailed employment disciplinary records is crucial.
Learn How a Phoenix Wrongful Termination Attorney Protects Your Reputation
While discrimination for innate characteristics is forbidden under state and federal laws, sometimes disgruntled employees use the allegations to retaliate after being fired. Our attorneys go to great lengths to prove their termination was warranted, and you did nothing wrong.
You will find our Phoenix wrongful termination lawyers receptive, highly skilled, and ready to listen to what you have to say to resolve allegations that can harm your reputation and employee morale. Call to schedule a consultation now.
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