Can I sue for wrongful termination in Arizona?
1. At-Will Default
Arizona is at-will, codified in A.R.S. § 23-1501.
2. Public Policy Exception
Wagenseller v. Scottsdale Memorial Hospital, 710 P.2d 1025 (Ariz. 1985), originally recognized a broad public-policy tort. The Employment Protection Act (EPA), A.R.S. § 23-1501 (1996, amended), limited the tort to: (1) breach of written employment contract, (2) discharge violating Arizona statute, (3) retaliation for reporting reasonable belief of violation of Arizona statute (Arizona Employment Protection Act/§ 23-1501(A)(3)(c)).
3. Implied Contract
Under EPA, an implied contract must arise from a written statement signed by the employer that gives a reasonable expectation of continued employment.
4. Implied Covenant of Good Faith
Recognized in Wagenseller to protect compensation already earned but does not modify at-will status (Nelson v. Phoenix Resort Corp., 888 P.2d 1375 (Ariz. App. 1994)).
5. Statutory Discrimination Claims
Arizona Civil Rights Act (ACRA), A.R.S. § 41-1461, parallels Title VII. Enforced by Arizona Attorney General's Civil Rights Division. Charge within 180 days. Title VII, ADEA, ADA via EEOC within 300 days.
6. Retaliation Statutes
A.R.S. § 23-1501(A)(3)(c) (Arizona statute-based retaliation). A.R.S. § 23-1501(A)(3)(b) (refusing to violate Constitution). A.R.S. § 23-1501(A)(3)(c)(iv) (workers' comp). A.R.S. § 38-532 (public employee whistleblower).
7. WARN Act
No Arizona mini-WARN. Federal WARN applies.
8. Damages
EPA: back pay, compensatory, punitive (limited by A.R.S. § 12-820.04). ACRA: back pay, front pay, compensatory, punitive (capped per Title VII), attorney's fees.
9. Statute of Limitations
EPA claims: 1 year (A.R.S. § 12-541); ACRA: 180 days to file with state; written contract: 6 years.
This is legal information, not legal advice.
- You were fired after reporting a reasonable belief that an Arizona statute was violated
- You had a written employment statement signed by your employer (EPA implied contract)
- You filed a workers' compensation claim and were terminated soon after
- A.R.S. § 23-1501 (Employment Protection Act)
- A.R.S. § 41-1461 (ACRA)
- A.R.S. § 38-532 (Public Whistleblower)
- Wagenseller v. Scottsdale Memorial Hospital, 710 P.2d 1025 (Ariz. 1985)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.