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Arizona Wrongful Termination Lawyer

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Losing your job can be emotionally, mentally, and financially devastating. If you’ve been terminated illegally, you may have a case for wrongful termination in AZ.

At Stone Rose Law, our attorneys understand wrongful termination laws and what it takes to build a strong case. If your termination violates the Federal Civil Rights Act under Title VII or the Arizona Civil Rights Act, our experienced attorneys can help. 

Call Stone Rose Law today at (480) 498-8998 for a free consultation.

What Constitutes a Wrongful Termination Case? 

Because of at-will employment in Arizona, an employer can terminate employees whenever they want in most cases. To file wrongful termination claims, an employee must be fired by an employer for highly specific reasons. 

If you have been terminated following discrimination or a violation of the company’s employment contracts, you may file a lawsuit and seek compensatory damages. For example, your lawyer can help you recover costs for lost wages, future wages, mental anguish, lost benefits, and attorney’s fees.

The following are a few examples of discrimination and labor laws that an employer may violate when you’re fired illegally.

Collecting Workers’ Compensation

If you were injured at work and are collecting workers’ compensation, it is illegal to terminate your employment contract in retaliation for filing a claim. Specifically, the Arizona Employment Protection Act (AEPA), A.R.S. § 23-1501(A)(3)(c)(iii), states that the employer relationship can’t be terminated for exercising your rights to workers’ compensation. 

Discrimination

The Arizona Civil Rights Act and a federal law known as Title VII of the Civil Rights Act of 1964 specifically forbid firing employees for their inclusion in a protected class. For example, you cannot be fired for your race, national origin, gender, sexual orientation, disability status, color, age, or family and medical leave status.

Whistleblowing

If your employer fired you after reporting fraud or other crimes, you may have a case for wrongful termination in AZ. The AEPA, A.R.S. § 23-1501, protects workers who report an employer who is violating the Arizona Constitution or Arizona state laws.

Federally, the Occupational Safety and Health Act (OSH Act) protects you from retaliation if you report workplace health and safety risks. Similarly, the Sarbanes-Oxley Act (SOX) protects whistleblowers from termination if they come forward about suspected fraud or illegal activities at publicly traded companies.

Qualified Time Off

According to A.R.S. § 21-236, an employee is wrongfully terminated if they are fired for serving jury duty. Nationally, the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees from termination when they serve in the military.

Under the Fair Wages and Healthy Families Act and the federal Fair Labor Standards Act (FLSA), an employee can’t be terminated for taking time off to care for a newborn, stay home for a sick day, or care for an ill family member. You are also allowed time off for taking care of legal matters or missing work because of domestic violence-related issues.

Wage and Hour Violations

If you are fired because your employer fired you for infractions related to back pay for unpaid overtime, minimum wage violations, or similar issues, you could have a case for wrongful termination in Arizona. Under the FLSA, employers cannot fire you for reporting violations involving employer breaks, meals, minimum wages, tips, and severance.

Retaliation

Under the AEPA and similar laws, an employee is wrongfully terminated if their employer fires them in retaliation. For example, your employer can’t fire you for testifying against them in court (AEPA, filing a discrimination claim (Title VII of the Civil Rights Act of 1964), reporting illegal activity (AEPA), or filing a workers’ compensation claim (AEPA).

What It Takes To File a Wrongful Termination Case

Proving a wrongful termination claim can be challenging. With the help of an experienced wrongful termination lawyer, you can learn what types of documents, statements, and proof you need to support your wrongful termination case in court. 

To demonstrate wrongful termination in Arizona, start by taking the following steps.

  • Record all communication that occurs between you and your previous employer.
  • Ask for the reason for your termination.
  • Write a letter to dispute this reason.
  • Compile a list of former co-workers who can be used as witnesses.
  • Store important employment records, such as written employment contracts, company policies, and pay stubs.
  • Talk to a wrongful termination lawyer about your legal options under state and federal employment law.

An attorney for unlawful termination can help you determine the best course of action for your wrongful termination lawsuit. Give Stone Rose Law a call today at (480) 498-8998 to learn more.

Wrongful Termination Support in Arizona

Fired for the wrong reasons? You may have a case for wrongful termination.

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How an Arizona Wrongful Termination Attorney Can Help

Whether your wrongful termination case includes retaliation, discrimination claims, or similar circumstances, a skilled lawyer can help you seek compensation in a few important ways.

  • Expert Support: An experienced attorney knows how to prove wrongful determination claims and can provide you with actionable insights during your initial consultation.
  • Evidence and Documentation: Your lawyer understands what types of records are necessary to support your claim. They can help with interviewing witnesses and collecting evidence.
  • State and Federal Laws: With the help of an attorney, you can understand how the Civil Rights ACt, AEPA, and the FLSA apply to your case.
  • Filings With the Arizona Civil Rights Division (ACRD) and Equal Employment Opportunity Commission (EEOC): In cases involving discrimination or breach of contract, your attorney can file a lawsuit with the EEOC or ACRD.
  • Motion Filing: During the case, your former employer may say things that are untrue about you. Your attorney can file a motion to stop them.

Frequently Asked Questions About Wrongful Termination in Arizona

At Stone Rose Law, we often hear questions about a worker’s legal rights under federal employment law and the Arizona Constitution. The following are some of the most common questions and answers about Arizona wrongful termination claims.

Is Arizona an At-Will Employment State?

Yes, Arizona is considered an at-will employment state. This means an employer can fire an employee for any reason that isn’t specifically restricted by federal or state laws.

How Much Sick Time Am I Legally Allowed? 

According to Arizona labor laws, termination is illegal if you are taking your state or federal sick leave. You are given one hour of sick leave for every 30 hours of work and can take up to 40 hours per year if your employer has at least 15 workers.

Can You Sue for Wrongful Termination in Arizona? 

Yes, you can sue because of an Arizona wrongful termination case. Compiling evidence and proving your case can be complex, which is why it’s important to consult with an attorney for unlawful termination.

What Are My Legal Rights After I’ve Been Wrongfully Terminated? 

You can file an Arizona wrongful termination claim within one year after your termination. To qualify as wrongful termination, an employee must be terminated because of discrimination, employment contract violations, or retaliation following protected conduct.

What Are the Final Paycheck Rules? 

If you quit, A.R.S. § 23-353 requires employers to provide your final paycheck at your next scheduled paycheck date. Following a termination, a paycheck must be given within seven working days or the next payday, whichever is first.

Get Help From Arizona Wrongful Termination Attorneys

Dealing with a wrongful termination claim can be challenging to navigate on your own. By partnering with an attorney, you can learn more about the best course of action for your case.

Stone Rose Law has decades of experience dealing with wrongful termination in AZ. Over our many legal cases and practice areas, we’ve achieved over $100 million in results.

Learn more by reaching out to us at (480) 498-8998.