What counts as wrongful termination in Arizona?

What the law says

Arizona is an at-will state. Section 23-1501(A)(2) of the Arizona Revised Statutes says:

“The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary”

So either side can end the job, for any reason or none, unless there is a written contract. Under section 23-1501(A)(2) of the Arizona Revised Statutes, the contract must set a fixed length of employment or expressly limit the right to end it.

What counts as a written contract. Under section 23-1501(A)(2) of the Arizona Revised Statutes, it can be signed by both sides. It can also be in an employee handbook or manual, if that document says it is a contract of employment, or in a writing signed by the side it is used against. Working under the job does not by itself make a contract.

Only three kinds of claim. Section 23-1501(A)(3) of the Arizona Revised Statutes begins:

“An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:”

The first is a breach of a written contract. Under section 23-1501(A)(3)(a) of the Arizona Revised Statutes, the remedies are then limited to those for a breach of contract.

The second is a firing that violates an Arizona statute. Under section 23-1501(A)(3)(b) of the Arizona Revised Statutes, if that statute has its own remedy, that remedy is the only one. The section names examples, including the state civil rights act and the occupational safety and health act. If the statute has no remedy, the employee can bring a tort claim for wrongful termination.

The statute’s own limits apply. Under section 23-1501(A)(3)(b) of the Arizona Revised Statutes, all the definitions and restrictions in that statute also apply to a lawsuit based on its public policy. Section 23-1501(B) repeats that a statute’s own remedies are the only remedies for breaking it.

The third is retaliation. Under section 23-1501(A)(3)(c) of the Arizona Revised Statutes, a firing is wrongful if it punishes the employee for one of the protected acts the section lists.

What changes the answer

Refusing to break the law. Under section 23-1501(A)(3)(c) of the Arizona Revised Statutes, firing someone for refusing to do something that would violate the Arizona Constitution or state statutes is retaliation.

Reporting a violation. Under the same section 23-1501(A)(3)(c) of the Arizona Revised Statutes, so is firing someone for reasonably disclosing a belief that the employer or a co-worker broke the law. The report must go to a manager or supervisor with power to investigate, or to a public body.

Other protected acts. Section 23-1501(A)(3)(c) of the Arizona Revised Statutes also protects workers’ compensation claims, jury service, voting, choosing not to join a union, and service in the national guard or armed forces. It also covers refusing fees or forced purchases as a condition of the job, and a crime victim’s right to leave work.

Public employees and unions. Section 23-1501(A)(2) of the Arizona Revised Statutes does not affect the rights of public employees, or of employers and employees under a collective bargaining agreement.

The deadline. Section 12-541 of the Arizona Revised Statutes requires a claim for damages for wrongful termination to be brought within 1 year after it accrues. The same 1-year limit covers a breach of an oral or written employment contract, including one based on a handbook or policy manual that sets no time limit of its own, and a liability created by statute other than a penalty or forfeiture.