Regardless of the cause, losing your job is a distressing experience, especially if you feel you’ve been terminated wrongfully. Determining if you’ve been wrongfully terminated can be confusing, but following a few guidelines may help you determine if your firing was illegal.
Arizona is an at-will state, meaning that both employees and employers have the right to terminate the working relationship at any time. Nonetheless, the termination cannot violate the Arizona Civil Rights Act, the Federal Civil Rights Act under Title VII, and the American with Disabilities Act, among other laws, protecting workers from discrimination. If a company has violated these rights, you may have a wrongful termination case.
Defining Wrongful Termination
Termination on the following grounds is illegal:
Whistleblowing: A whistleblower is anyone who reports insider knowledge of illegal activities occurring in an organization. Whistleblowers can be employees, suppliers, contractors, clients, or any individual who becomes aware of illegal business activities. Whistleblowers are protected from retaliation under various programs and laws.
Discrimination: Discrimination is the unjust or prejudicial treatment of an employee on account of a person’s sex, gender, race, color, national origin, religion, or disability.
Workers Compensation: While it is not illegal to terminate an employee while they’re on worker’s compensation, it is illegal to fire an employee solely because they have filed a worker’s compensation claim.
Taking Legally Protected Time Off: While there are laws saying how long an employee may miss work, Arizona law allows employees to take days off from work for medical leave, FMLA, and personal days. Because an employer can overlook these protections, it’s important to understand your rights and ensure the law was followed.
If you’ve Been Wrongfully Terminated
If you believe that you’ve been wrongfully terminated, it is important to act quickly. Steps one should take include:
Recording conversations with your former employee;
Collecting evidence supporting that your rights were violated; and
Requesting communications with your employer be done so in writing
If you have any questions or are interested in starting a wrongful termination claim, Contact the Tyler Allen Law Firm today by filling out the form on this page or calling us at (602) 456-0545. We will be happy to help.
Additional Blog Articles | Tyler Allen Law Firm
For more information about your legal rights or to discuss the facts of your legal claim, contact Tyler Allen Law Firm, PLLC for a legal consultation.