12 Mar Wrongful Termination Law
Losing your job is one of the toughest things you may face. The situation may be worse if you feel you have been terminated illegally. For an employee termination to be termed wrongful, you need to prove that the process of termination was illegal or it violated company policy.
Some employers require employees to sign an at-will clause at the time of joining the company. This agreement gives the employer as well as the employer the freedom to terminate their engagement at will. Arizona is an at-will employment state.
But if a termination violates the Arizona Civil Rights Act, the Federal Civil Rights Act under Title VII, and any other laws protecting workers from discrimination, employees could have a wrongful termination case.
What is Wrongful Termination?
Arizona’s at-will employment allows employers to end employment at any time for any reason but NOT illegally.
The following types of termination is illegal –
- Whistle blowing: Employees, who decided to inform the authority about fraud or another crime that they witnessed at the workplace, are protected from retaliation
- Discrimination: Employees can’t be fired because of their gender, race, national origin, sexual orientation, or disability
- Collecting workers’ compensation: If an employee was hurt at work and are collecting workers’ compensation income, they are protected from retaliation
Absence at work and termination
Another example of wrongful termination is termination due to absence from work. Arizona law allows employees to take days off work for medical leave, FMLA, and even personal days. But laws also stipulate how long employees can be absent from work. When employers use the law blindly to deal with absence from work, it may lead to wrongful termination cases.