Wrongful termination refers to an unfair and illegal loss of employment.
In Arizona, this can be difficult to prove since this is an employment at will state, meaning employers can terminate employment at any time with or without cause. However, there are situations when firing or laying off an employee is illegal and can be challenged with a wrongful termination claim.
Examples of Wrongful Termination
An employee who has been terminated based on retaliation, breach of contract, or discrimination can bring a wrongful termination claim against the employer.
Here are a few examples:
- Breach of Explicit or Implied Contract. An employer cannot prematurely terminate a contract when the employee is following the contract terms.
- Retaliation. The law protects employees from employer retaliation for lawful activity. This includes whistle-blowing— reporting unethical or illegal conduct— refusing to perform acts believed to be illegal or against public policy.
- Discrimination. Many laws protect employees from discrimination in the workplace. Employers cannot discriminate against employees for their age, sex, nationality, veteran status, disability, race, or religion.
- Constructive Discharge. Employees who quit their jobs due to discrimination, harassment, or a hostile work environment may have cause to file a wrongful termination claim.
Is Your Dismissal a Wrongful Termination?
Employees who suspect their employment ended for reasons that had little to do with their actual job performance should consult an experienced employment attorney to discuss the facts and circumstances.
Employment issues are complex and require a thorough and knowledgable analysis to determine potential claims and defenses. If you have been fired from work or effectively forced to resign because of discrimination, retaliation, breach of contract, or any other protected classifications or activities, you may have a wrongful termination claim.
Don’t continue to wonder if your employment was improperly ended. Contact my office to schedule a consultation.