At Barton Mendez Soto, we understand that power dynamics exist in workplaces that can make employees feel like they must accept the terms of their employer no matter what. Thankfully, the law protects employees’ rights against wrongful termination. If you were fired by an employer in Arizona and you believe they didn’t have a valid justification for terminating your employment, then please reach out to our award-winning law firm today so we can discuss the details of your situation and determine whether you can file a wrongful termination lawsuit.
Is Arizona an "At-Will" Employment State?
Although Arizona is an “at-will” employment state and employers can terminate employment for “good cause” or “no cause,” it is illegal for an employer to fire an employee for “bad cause,” which includes discrimination, retaliation for whistleblowing, and breach of contract.
Additionally, government employees who are not considered “at-will” employees have additional rights and can only be fired for cause. In many cases, government employees who already served their probationary term can appeal their termination if they believe they have been wronged by their employer’s actions.
- Discrimination: Employers can’t fire an employee for discriminatory reasons, such as sex, race, age, religion, disability, and national origin.
- Medical Condition: Employers can’t fire an employee because they have a medical condition. this includes pregnancy or requesting qualified leave under the Family and Medical Leave Act (FMLA).
- Breach of Contract: If you have a contract with your employer that specifies the length of employment or termination procedures, then it is illegal for them to violate these terms.
- Whistleblower Claim: Laws like the OSH Act, Whistleblower Protection Act, Comprehensive Environmental Response Act, and False Claims Act exist to incentivize and encourage people to report illegal activity and corruption they observe at work. It is illegal for an employer to fire an employee for filing a whistleblower claim in good faith.
How to Sue for Wrongful Termination
Here are several steps you can take to sue for wrongful termination in Arizona:
- Collect evidence: Gather any documentation related to your termination, like an employment contract, performance reviews, and any communication with your employer. It is also helpful to gather any witness statements, emails, or other correspondence that can help your case.
- Determine the legal basis of your claim: Your wrongful termination claim can be based on a variety of factors, including discrimination, retaliation, breach of contract, or violation of public policy.
- File a complaint with the Equal Employment Opportunity Commission (EEOC): If your claim involves discrimination or retaliation, you may need to file a complaint with the EEOC before filing a wrongful termination lawsuit.
- Consult with an Arizona attorney: It is critical to seek the advice of an experienced employment attorney who can advise you on the legal merits of your case and guide you through the legal process.
- File a wrongful termination lawsuit: If you have exhausted other options and wish to pursue legal action, you can pursue a lawsuit against your employer. Your Arizona wrongful termination attorney can help you file the necessary paperwork and represent you in court.
Contact Our Wrongful Termination Lawyers Near You
Working with an experienced employment lawyer can help you improve your chances of a successful outcome during your wrongful termination lawsuit.
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Barton Mendez Soto PLLC proudly represents employees across Arizona who have been wrongfully fired from their jobs. Turn to our legal team today so we can listen closely to your perspective and help you assess whether you have a legitimate claim to pursue. We remain attentive and loyal to each of our clients and frequently hold large, powerful employers accountable for unreasonable or illegal actions that harm employees. We understand how trapped workers can feel when they have been wrongfully terminated, which is why we are prepared to use our full resources to hold your employer accountable and recover maximum compensation for your trouble.
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