AllEmployeeEmploymentWrongful Termination

How to Spot Wrongful Termination

By December 12, 2017 July 30th, 2019 No Comments
conference room
You have probably heard the term “wrongful termination” at least once. Despite what your instincts may tell you, there is an important distinction between “wrongful” in the common use of the word meaning unfair or unjust and “wrongful” in a legal sense which is how the word is used for wrongful termination.  So what does wrongful termination mean in an “at-will” state like Arizona?

Under Arizona law, employees are “at-will” unless both the employee and employer sign a written agreement to the contrary. The at-will employment doctrine states that at any time, with or without notice, either the employer or the employee can terminate the employment for any reason, or for no reason at all. This means that as long as it is not for an illegal reason, employees can be fired from their jobs.While there are laws in place to prevent wrongful termination, it still occurs. Discrimination is a widely known example of wrongful termination, but there are other examples of illegal reasons for firing. Here are some ways to determine if you may have been wrongfully terminated and how you can get help.

Employees are protected by law when participating in civic duties. You cannot be terminated because you miss work to vote, participate in jury duty, attend mandatory military training, or any other civic duty you may have.

Discrimination based on religion, gender, race, age, disability, and in some cases sexual orientation and gender identity is illegal.  However, you may need to file a charge with a state or federal agency prior to filing a lawsuit against your employer. Because different types of discrimination have different processes, it is important contact a lawyer to ensure you take the correct steps to preserve your rights.

Being fired for refusing to participate in illegal activity is another example of wrongful termination. As an employee, you should not be forced to engage in any illegal activity as a condition of your employment. If you are being coerced or directed to do engage in illegal activities, you have the right to decline. Additionally, if you report a good faith concern that your employer or a fellow employee has violated, is violating, or will violate Arizona law, you cannot be terminated.

Arizona is deemed a “right to work” state, which means that you cannot be forced to join a labor union or be fired for declining to join the union. If you join a union, you cannot be fired for choosing to leave that union at any point.

The Employment and Labor Group at Aiken Schenk has worked on numerous wrongful termination cases with over 60 years of combined experience. Attorneys Michael PetittiBurr Shields, and Natalie Virden are experienced in this field and can help guide you with your employment law needs.

Knowing your rights is the key to stopping wrongful termination. If you feel you were wrongfully terminated, contact a lawyer. They can help determine if you have been subjected to illegal action, and can help you take proper legal action.

For more information on wrongful termination visit these sites:

Our blog posts contain general information about legal issues and developments in the law. Our posts, however insightful, do not constitute legal advice. Yes, we’re pretty awesome attorneys, but we’re not your attorneys (yet) and just reading our blog posts does not create an attorney-client relationship. You should consult with an attorney licensed in your jurisdiction (not our clever blogs) for advice on specific legal issues