Wrongful Termination

Wrongful Termination in Mesa, Arizona

Entering into employment with an employer is not always a straightforward process. Disputes can occur that result in the termination of the employee. When an employee’s rights are violated in some way, the worker may choose to file a wrongful termination lawsuit.

The law gives employers some freedom in the reasoning for firing an employee. However, there are certain circumstances in which a termination may be deemed illegal, such as if an employer fires you due to your race, sex, religion, or other protected category.

What Is Wrongful Termination?

Most forms of employment in the U.S. are “at-will,” meaning an employer has the right to hire or fire an employee when they choose and for any reason. However, there are some exceptions, such as when the termination is illegal and violates federal or state laws.

When an employee is wrongfully terminated, he or she has the right to file a suit that discusses the wrongdoing in detail. A wrongful termination suit can cover a variety of situations.

What Constitutes Wrongful Termination in Arizona?

In Arizona, there are specific definitions and limitations in regards to what situation constitutes wrongful termination. A suit must typically be filed within one year of the termination date to be valid. A former employee may have grounds for a lawsuit against their employer for wrongful termination if the following conditions apply:

  • Discrimination – Federal and state laws prohibit discrimination based on sex, age, religion, race, national origin, or disability.
  • Medical Condition – An employee cannot be terminated based on an employee’s medical condition.
  • Contract Rights and Policies Issues – An employer cannot violate the requirements of an employment contract, nor any policy stated in an employee handbook or manual.
  • Performance of Legal Rights – An employer cannot terminate an employee if they choose to form a union or report a safety violation.

How to File a Wrongful Termination Lawsuit

In wrongful termination cases, plaintiffs are required to perform a series of actions. The employer’s human resources department can provide the documents necessary to start the filing process. To file a case, the former employee must perform the following steps:

  • Formally request a reason for termination directly from the employer’s human resources department.
  • Write a grievance letter that disputes the reason for termination.
  • Gather pertinent documents in regard to the employment, such as employment contracts, employee manuals, and other correspondence.
  • Create a list of co-workers who can act as witnesses to the situation.
  • Document all letters, emails, phone calls, and other means of communication.
  • Speak with other employees who have been terminated by the company.
  • Hire a Mesa employment lawyer who is experienced in wrongful termination cases in Arizona.

Contact Our Employment Law Team Today

If your rights as an employee have been violated due to wrongful termination, it is important to act quickly. Call our office today at 480-613-7917 or complete our online form to schedule your free case review.

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