Arizona Wrongful Termination Laws 

Posted in Workers' Compensation Laws on December 8, 2023

What are the grounds for wrongful termination in Arizona?

Despite the fact that Arizona is an at-will state for employment purposes, that does not mean employers can terminate workers for any reason. In fact, according to the U.S. Bureau of Labor Statistics, you may have grounds for a wrongful termination lawsuit if your employer fired you due to your:

• National origin
• Pregnancy
• Disability
• Race
• Sexual orientation
• Gender
• Religion
• Age

What makes a strong wrongful termination case?

The burden of proof in wrongful termination cases is based on a preponderance of the evidence according to the Arizona Judicial Branch. The evidence presented must be clear and convincing that your employer discriminated against you or wrongfully terminated you. We may be able to introduce communication exchanges, confidential internal documents, witness statements, or other factors that show your employer terminated you specifically because of your age, race, disability, gender, or other protected status.

Can you be fired without warning in Arizona?

Yes, you can be fired without warning since Arizona is an “at-will employment” state per A.R.S. § 23-1501. However, this does not give your employer the authority to terminate your employment for any reason at all. There are several exceptions to the at-will employment statute, including:

• Refusing to violate state or federal laws
• Blowing the whistle on unlawful conduct
• Violations of the Occupational Safety and Health Act
• Violations of the Agricultural Employment Relations Act per the Arizona Department of Agriculture
• Exercising your right to seek Workers’ Compensation benefits
• Having to miss work to serve jury duty
• If there is a written employment contract restricting the employer’s termination rights
• Taking time off work to exercise your voting rights
• Informing higher-ups and management when you believe the employer is breaking state or federal laws
• Having to take time off of work to serve in the Armed Forces or National Guard

Does Arizona require a termination letter?

No, termination letters are not required by law. However, most employers will send employees a formal termination letter explaining their reasons for terminating employment. If you have received a termination letter, you should make a copy of it so it can be entered as evidence in your wrongful termination complaint. If you have evidence contrary to the information provided in the termination letter, you should collect that information as well, as it can be used to refute your employer’s claims.

What are the odds of winning a wrongful termination case?

It is difficult to say whether your wrongful termination case will be successful if we have not reviewed the specific circumstances of your case. Generally, a significant portion of wrongful termination cases will be resolved before having to move to trial as companies are not willing to risk having to pay out more in compensatory and punitive damages. Make sure you have a legal advocate on your side who is not afraid to bring your wrongful termination case to trial when necessary.

How long does an employer have to pay you after termination in AZ?

According to ARS 23-353, if your employer terminates you, they are legally required to pay you the remaining wages you are entitled to by the next payday or within seven days, whichever is sooner. However, if an employee is suspended or resigns from their position, the law stipulates that they pay the employee their remaining wages on their next scheduled pay date.

Working With an Attorney

If you believe that you have been wrongfully terminated due to a workplace injury or filing a workers’ compensation claim in Arizona, we encourage you to contact a lawyer immediately. A skilled Phoenix workers’ compensation attorney can help you through every aspect of this process, including conducting a thorough investigation into the incident and handling all communication with other parties involved. You have rights in these situations, and we want to help ensure you are treated fairly.