Phoenix Wrongful Termination Attorney
Arizona is an at-will employment state. This means that, unless you have an employment agreement specifying a specific term or period of employment, your employer can generally fire you at any time for any lawful reason. While Arizona’s at-will status means that many unfair terminations are, unfortunately, legal, it does not mean that it is impossible to have a wrongful-termination claim. Employers must still comply with the applicable employment laws and cannot terminate employees in violation of an applicable contract or laws that prohibit retaliation, discrimination, etc.
If you believe your termination was unlawful due to discrimination, harassment, retaliation, breach of an employment contract, or some other reason, it is critical to speak with a qualified employment attorney and discuss your situation as soon as possible. Many employment claims relating to a wrongful termination must be initiated within a short time from your date of termination. Waiting to speak with an Arizona employment attorney could mean losing out on your ability to pursue legal action.
Common Fact Patterns in Wrongful-Termination Cases
Terminated for policy violations that others outside of the terminated employee’s protected class are allowed to engage in. (For example, an employer terminates a woman who accumulates 5 attendance points when male employees have been allowed to accumulate 5+ attendance points without being terminated.)
Terminated for needing to take FMLA leave. (For example, an employee with four years of service and no performance or disciplinary issues is suddenly terminated after putting in a request for FMLA leave or immediately returning from FMLA leave.)
Terminated after reporting harassment or discrimination. (For example, an employee with five years of service and no performance or disciplinary issues is suddenly terminated after reporting to a manager or HR that the employee, or a colleague, is being discriminated against or sexually harassed.)
Terminated for needing a reasonable accommodation for a disability. (For example, an employee puts in a request for a reasonable accommodation that would enable the employee to work remotely or take unpaid leave during flare-ups. Instead of engaging in the interactive process, the employer simply terminates the employee because it does not want to provide an accommodation.)
Common Deadlines for Wrongful-Termination Claims
Some wrongful-termination claims require an employee to file an agency complaint before pursuing a claim in court, while others enable employees to go straight to court. It is important to discuss your potential wrongful-termination case with an attorney, who can advise on all the potential deadlines that might apply to your wrongful-termination claim(s). Below is a non-exhaustive list of some common wrongful-termination deadlines:
180/300 days to file a Charge of Discrimination
180 days to file with the Arizona Attorney General’s Office for discrimination and related retaliation claims under Arizona law. This includes retaliation claims based on the employee’s complaint of discrimination based on age, sex, race, disability, etc.
300 days to file with the Equal Employment Opportunity Commission (EEOC) for discrimination and related retaliation claims under federal anti-discrimination laws. This includes retaliation claims based on the employee’s complaint of discrimination based on age, sex, race, disability, etc.
1-year deadline for a whistleblower wrongful-termination claim under the Arizona Employment Protection Act (AEPA) (A.R.S. § 23-1501)
2-year deadline for FMLA wrongful-termination claim (can be extended to 3 years for willful violations)