Fighting For Your Rights After Wrongful Termination In Mesa
When you are wrongfully terminated, it adds an extra layer of injustice. However, due to the complex nature of such legal matters, it is better to let an experienced Arizona employment lawyer handle these cases.
At Ernst, Brown & Draper, we are committed to standing by Mesa employees to help ensure wrongful termination cases are handled with the utmost care. Our experienced employment lawyers bring 35-plus combined years of knowledge from big firms to our boutique Mesa office, where we focus on employment law intricacies to better fight for your legal rights.
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employer violates the law by firing an employee. While Arizona is an “at-will” state where employers can terminate employees without cause, there are important legal exceptions. You might have a claim if you were wrongfully terminated based on:
- Discrimination: Illegal termination due to race, gender, age, disability, religion or national origin
- Retaliation: Termination for reporting workplace violations or discrimination
- Breach of contract: If you have a contract, your termination must follow its terms
- Public policy violations: Firing for refusing illegal acts or for exercising legal rights
You may have grounds for a wrongful termination claim if your termination falls under any of these categories. However, you must act quickly, as the law imposes strict deadlines, including 180 days to file with the Equal Employment Opportunity Commission (EEOC) and one year for breach of contract claims.
Discriminatory Firing And Arizona Employment Law
Workplace discrimination takes many forms and often leads to wrongful termination. Discrimination occurs when employees face adverse treatment based on protected characteristics such as race, color, national origin, sex, religion, age, disability or genetic information.
In the workplace, discrimination can manifest as unequal pay, denial of promotions, exclusion from opportunities, hostile work environments or unfavorable assignments. When discrimination becomes the basis for termination, it violates both federal and Arizona state employment laws, creating grounds for legal action.
Seeking Justice For Wrongful Termination
When you entrust your case to us, schedule a consultation to evaluate your case. If you were wrongfully terminated, our Arizona employment lawyer can fight to secure fair compensation for:
- Lost wages
- Continuation of benefits
- Job placement assistance
- Emotional distress damages
- Attorneys fees
In some cases, we can also seek reinstatement to your previous position if desired.
The Limits Of At-Will Employment In Arizona
At-will employment generally lets an employer end the working relationship without giving a reason. The exceptions still matter, though, because they mark the situations where you can challenge that decision.
Arizona law protects workers who refuse to break state law, file a workers’ compensation claim or report certain suspected violations by their employer. For those reports, you must reasonably believe that your employer broke or is about to break state law. How you make the report and who receives it also affect whether the protection applies.
Your employer must also follow a written agreement that sets a fixed term of employment or clearly limits its right to fire you. The same rule applies when a handbook clearly states that it is meant to create an employment contract. Even without an agreement, state and federal laws prohibit firing you because of discrimination or because you exercised a legally protected right.
Whether your firing supports a claim depends on the reason behind it, its timing and any agreement that covers your job. At Ernst, Brown & Draper, our wrongful termination lawyers in Arizona review those details and explain your legal options and filing deadlines.
The Grounds For A Wrongful Discharge Claim
A dismissal sometimes violates more than one legal protection. Grounds for a wrongful discharge claim include:
- Breach of a binding written employment agreement that limits termination
- Retaliation for legally protected whistleblowing or complaints
- Discrimination based on race, sex or another protected characteristic
- Punishment for requesting protected leave, refusing to violate Arizona law or serving jury duty
The filing process depends on the law behind your claim. Certain Arizona Employment Protection Act claims proceed directly to court, while many discrimination claims require an agency charge before a lawsuit.
Those routes also carry different filing periods. The state generally allows one year for a wrongful termination damages action, but a state discrimination complaint must reach the Arizona Civil Rights Division within 180 days. The Equal Employment Opportunity Commission allows 300 days when state law also prohibits the alleged discrimination.
You Are Not Alone In This Fight
Do not let a wrongful termination derail your career and financial stability in Arizona. Call Ernst, Brown & Draper at 602-858-5940 or complete our online contact form or visit our Mesa office to let us work together to move your case forward.