If you feel you experienced wrongfully terminated from your employer, you may be able to seek legal action and compensation. Wrongful termination in Arizona is not tolerated, and employers are subject to harsh rulings by a judge if found guilty. If you have been wrongfully terminated from job, you will need to start the process of pursuing justice by filing a claim.
What is a wrongful termination? You may feel your employer wrongfully fired you, but if your former employer broke no law, you cannot pursue a claim. Reviewing what a wrongful dismissal and what is a legal termination can help you to determine if you have a valid case. Being wrongfully fired from jobs can put employees in a tough situation, both financially and emotionally. To learn more about unlawful termination and how to proceed with a claim, examine the sections below:
There are certain types of illegal termination of employment you can pursue if you have been let go of your job. Types of illegal terminations in Arizona include discriminatory factors such as age, sex, race, nationality, religion, disability or veteran status. Other types of illegal firing involve termination because you are currently receiving worker’s compensation or as a retaliation for claims you have pursued in the workplace.
If one of these types of unlawful terminations from employment relate to your experience, you may be able to seek legal action. The court system does not tolerate these types of unlawful terminations in AZ and you may successfully win your case if you prove wrong doing. If you feel one of these types of illegal dismissal of employment was committed, you will need to determine first which cause of action you will claim before pursuing a case.
There are certain types of legal termination of employment that do not warrant you to file a claim of wrongful termination. Some types of legal dismissal of employment may seem biased to workers who are let go, but are not against the law. The types of legal termination in Arizona include the conclusion of an employee’s contract or the closing of a business. Types of legal firing in AZ may also involve poor employee performance and company layoffs. State laws for layoffs may vary for companies, depending on their industry and size. With these legal reasons for terminating employees in Arizona kept in mind, you can analyze your personal situation to determine if you should be pursue a claim. If your employer did not wrongfully terminate your employment, your case is ineligible and you should refrain from filing a claim.
Is Arizona an at will state? Although there are at will employment exceptions in Arizona, it is still an at-will employment state, like almost all other states in the nation. Exceptions to at will employment law developed to protect the rights of the employees in the state.
What is employment at will? The at-will employment law is an agreement between employer and employee that allows either party to terminate the employment at any time, for any lawful reason. The three exceptions to at will employment are the public policy exception, the implied contract exception and the covenant-of-good-faith exception. The first and second disallows employers from firing employees if it goes against a public policy or if there is an implied contract in place. The third encourages all employers to use good faith and fairness when dealing with employees.
Note: The state recognizes and observes all three of these at will employment exceptions in Arizona.
If you want to file a wrongful termination discrimination charge, you will need to start a claim with the Equal Employment Opportunity Commission (EEOC). Reviewing how to file an EEOC employment discrimination charge is useful if you want to pursue action against your former employer. Filing a charge of discrimination in Arizona is available with the Phoenix branch of EEOC within a timely manner. You have 180 days from the time of discrimination to file a charge or 300 days if the discrimination involved ageism.
When researching how to file a charge of employment discrimination, you will find the multiple methods the EEOC uses to attempt claim litigation. A claim filed must have a specific cause of action and substantial evidence including witness testimonials and detailed record-keeping. Once reviewed, the EEOC may suggest mediation between you and your former employer, which can take an average of three months to complete, if successful. After you file a wrongful termination discrimination charge, the EEOC may investigate your claim to determine if it is valid. Settlement usually takes 10 months, but if there is no settlement after investigation, the EEOC will award you the Notice of Right to Sue.
Before you can file a lawsuit against your employer in Arizona, you will first need to receive a Notice of Right to Sue from the EEOC. Filing a wrongful termination claim against employers can only be successful if employees can provide sound evidence of the discriminatory or retaliatory firing. When examining how to file a wrongful termination lawsuit, you may find that the presence of a lawyer will be useful in court. When an employee decides to file lawsuit against employers for wrongful termination in AZ, he or she is responsible for pinpointing the law that was broken. An attorney is often helpful when developing a case against your former employer. If you are wondering, “Can I file a lawsuit for wrongful termination?” take a moment to analyze the types of illegal termination. When suing for wrongful termination in Arizona, you should have a cause for action, detailed evidence and optional attorney support for your case.