Arizona Wrongful Termination Laws

Arizona is an "at will" work state, which means that both employers and employees have wide latitude in terminating the work relationship.  There are numerous federal laws, particularly found in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964 which address employee rights.  In addition, there may be state laws which provide supplemental protections.  And in fact, Arizona laws address a number of civil rights issues not covered under federal civil rights laws. For abuses, employees should contact their state or local office of the Equal Employment Opportunity Commission (EEOC) to begin the claims process.  Arizona does allow individual lawsuits, however, if state claims are ineffective.

Arizona’s Specific Labor Laws

The Arizona state laws concerning employee rights are more extensive than federal laws in a number of areas, including the following: 

*These laws change often, so consult state statutes for the most up-to-date information.

Arizona Discrimination Laws

While Arizona does not have the most extensive civil rights laws in the nation, they do have a number of additional statutes protecting workers from job discrimination.  If there are abuses beyond the basic protections under federal law, which include race, color, religion, sex, or national origin, Arizona’s specific statutes allow the following actions for wrongful termination claims:

• An employee is not prohibited from filing a private lawsuit
• Employees are permitted to recover attorney’s fees from the defendant
• Arizona Statute of limitations is 2 years for a lawsuit, or 180 days to file a claim through the Civil Rights Division

Filing a Claim for Wrongful Termination

Wrongful termination claims must begin with the local EEOC office, which are generally pursued in three steps:

• Investigation
• Mediation/Conciliation
• When appropriate, filing a lawsuit

However, after 180 days, if no resolution is achieved and no lawsuit is filed, individuals may pursue their own remedies. 

Legal Remedies for Wrongful Termination

In general, employees who file claims for wrongful termination have several remedies they may pursue, including reinstatement, back pay, compensation for stress and suffering, punitive damages to discourage repetition of the abuse by the employer, and even policy changes in the company to prevent further similar abuses.  In addition, Arizona provides specific remedies for certain abuses:

• Jury duty – misdemeanor conviction and fines of up to $500 and/or 30 days in jail
• Child or spousal support garnishment – contempt of court fines, liability for unpaid support, attorney’s fees, damages, and employee reinstatement.
• Whistleblower – fines between $5,000 and $7,000 for each violation and attorney’s fees

Local Resources

Civil Rights Division

Phoenix, AZ
602-542-5263
877-491-5742
www.azag.gov/civil_rights/index.html

EEOC

Phoenix District Office

3300 N. Central Avenue,
Suite 690
Phoenix, AZ 85012
602-640-5000 or
800-669-4000
TTY: 602-640-5072 or
800-669-6820
FAX: 602-640-5071