Losing your job is always a challenging pill to swallow. This is all the more true when unfair circumstances are behind your dismissal. In these situations, it is normal to wonder if you can sue your employer for wrongful termination.
Under Arizona and federal law, employees can take legal action for an unjust firing in certain situations. However, proving wrongful termination is often more challenging than employees expect.
This blog post will explore what employees should know about how to prove wrongful termination in Arizona. We will explain the legal definition of wrongful termination in AZ and discuss how to sue for wrongful termination in state or federal court.
Understanding Wrongful Termination in AZ
Many employees make a basic mistake regarding wrongful termination: they confuse an unfair firing with an unlawful one. In legal terms, wrongful termination happens when an employer’s choice to dismiss someone violates the law.
Arizona employees enjoy numerous rights and protections under state and federal employment laws, including the Family and Medical Leave Act (FMLA), the Arizona Civil Rights Act, and the Americans with Disabilities Act (ADA).
However, Arizona is also an at-will employment state. Employees and employers generally have the right to end the employment relationship at any time and for any legal reason. This includes reasons that seem unfair, trivial, or based on misunderstandings.
If you’re employed at will, your boss doesn’t have to give you a reason for firing you. And unless you can prove an illegal motive, you cannot sue, no matter how unjust or arbitrary your firing.
How to Prove Wrongful Termination in Arizona
To prove wrongful termination, employees must show that their firing broke state or federal law. Let’s walk through some common illegal reasons for dismissal that can lead to wrongful termination.
Identity-Based Discrimination
Arizona and federal civil rights laws prohibit employers from discriminating against employees with certain personal traits or characteristics. It’s illegal for your employer to fire you because of your:
- Age,
- Race/color,
- National origin,
- Religion,
- Gender or gender identity,
- Sexual orientation,
- Genetic information, or
- Military status.
If you can show that one of these protected identity traits motivated your dismissal, you could have a claim for wrongful termination due to discrimination.
Disability or Pregnancy Discrimination
Firing a qualified employee because of their physical or mental disability is illegal under Arizona and federal law. Similarly, employers cannot fire employees simply because they want to grow their families. It’s illegal to terminate an employee because she is or intends to become pregnant.
Employees could also have a wrongful termination claim if they’re fired for requesting or taking legally entitled leave time due to a disability or pregnancy-related serious medical condition.
Whistleblower Retaliation
Did you report a workplace safety violation or other unlawful conduct before your dismissal? Arizona and federal law protects employees who “blow the whistle” on illegal activity or workplace wrongdoing. Employers who punish employees for raising concerns internally or to a public authority could face penalties for illegal retaliation. It’s also a form of wrongful termination to fire an employee who refuses to break the law or take part in illegal actions.
Breach of Contract
Some employment contracts or collective bargaining agreements have specific rules employers must follow regarding termination. For example, a contract could require an employer to follow certain disciplinary procedures or provide “cause” before firing you. If your employer violates the terms of this agreement when dismissing you, you may have legal grounds to sue for wrongful termination.
How to Sue for Wrongful Termination
The process of suing for wrongful termination can vary depending on the facts of the case and the reason for your firing. However, here is a general overview of the process:
- Contact a lawyer. A qualified employment attorney can evaluate your situation and identify which state and federal laws apply. They can help you understand your rights and potential outcomes moving forward.
- Collect evidence. Your lawyer can help you gather the physical and documentary evidence to prove unlawful termination. This evidence includes gathering records, interviewing witnesses, and investigating past wrongful termination cases.
- File suit and/or complaint. In some situations, employees must file a formal complaint with a state or federal agency before suing for wrongful termination. Your wrongful termination attorney can help you understand the procedural requirements involved in your case and ensure you take the necessary action to advance your case.
If you suspect your firing had illegal motives, take action as soon as possible. The state and federal deadlines for wrongful termination cases vary but can be as short as a year after your firing. If you miss this deadline, you could lose your right to get justice for your illegal firing.
Passionate Advocates for Employee Rights
Make no mistake: pursuing a wrongful termination lawsuit can be a challenge. However, you don’t have to take on the burden alone. The attorneys at Shields Petitti & Zoldan, PLC have the dedication, experience, and deep legal knowledge to help you get the justice you deserve.
With over 50 years of combined experience in Arizona law, our attorneys are seasoned advocates who’ve helped hundreds of employees recover millions in damages after employer misconduct. Contact our office today to learn how we can help you.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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