Tucson Wrongful Termination Lawyer
Arizona recognizes the doctrine of employment-at-will, meaning that, in absence of a contract specifying a certain time period, either the employer or the employee may terminate the employment relationship without having to give a reason.
Having a secure job is generally essential to a person’s ability to live in society and provide for self and family. It is reasonable to expect that as long as you do your job reliably and well, you should be able to count on having it. You make major life decisions—where you live, what you can buy, where your children will attend school—based on the expectation of continuing to work at your job—as long as you come to work every day and do your job as expected. It’s frightening to think that you could lose everything on an employer’s whim, which is always a possibility in an employment-at-will situation. Fortunately, in Arizona, exemptions to the employment-at-will doctrine do exist. If you feel that you’ve been wrongfully terminated, your best option is to consult a Tucson wrongful termination employee from Yen Pilch Robaina & Kresin PLC.
Exceptions to Employment-at-Will in Arizona
Since Title VII of the 1964 Civil Rights Act was passed into law, terminating a person’s employment because of the person’s race, religion, sex, age, or national origin has been prohibited, creating an exception to the employment-at-will doctrine and giving rise to a cause of action for wrongful termination.
In addition to the protections provided by Title VII, in Arizona, three classes of exemptions are recognized:
- The first prevents terminations for reasons that violate a public policy. Under the public-policy exception to employment-at-will, a wrongful discharge occurs when the termination is against an established public policy of the State. An example would be if you were fired for refusing to break some law when instructed by the employer to do so.
- Another exception prohibits terminating an employee when a contract for employment has been implied, for example, if your employer has made representations, either orally or in writing, in a company handbook or other written policy statement, that you could expect job security unless certain preliminary actions have been taken. Some employers have the employee sign a waiver stating clearly that the policies and guidelines stated in the handbook or document are not to be deemed as creating contract rights.
Another example of an implied contract is when the person who hired you stated that the employment would continue as long as your job performance remained acceptable. In that case, if you have had favorable reviews and have never been told your job performance is unacceptable, you might have a case for wrongful termination. - Arizona recognizes what is termed an “implied covenant of good faith and fair dealing” in every employment relationship and that firing an employee with malice or in bad faith entitles the employee to sue for damages. An example in limited cases would be if a corporation fires a long-term employee to prevent the employee from receiving retirement benefits when the employee has contributed a percentage of earnings to a retirement fund only accessible if he or she continues working until the established retirement age.
Feeling secure in your job and therefore your ability to provide for yourself and your family is essential to maintaining your lifestyle. If you’ve been terminated from your job, in certain situations you may have recourse and can be helped by our Tucson wrongful termination employees. While the Doctrine of Employment-at-Will is generally accepted as valid in Arizona, there are exceptions.
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Caring and CompassionateWe care about our clients as if they were our family, showing them care and compassion throughout the entire process.
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We Work Hand in Hand with Our ClientsWe work closely with our clients to address their needs and find favorable solutions to their employment-related, personal injury and estate planning issues.
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Experienced Attorneys Ready to Fight for YouThe experienced Phoenix employment lawyers of Yen Pilch Robaina & Kresin PLC understand what it takes to achieve results for our clients.
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Trusted for Over 30 YearsOur firm brings a high level of experience to each and every matter, and we have helped clients secure millions of dollars in total settlements and verdicts.
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