The Arizona Employment Protection Act and the Employment-At-Will Relationship

The Arizona Employment Protection Act and the Employment-At-Will Relationship




Arizona employers and employees have an “at-will” relationship, which method that employers are free to terminate employees without notice or reason, and employees are free to quit at any time without notice or reason. Of course, the employment-at-will relationship is unprotected to both parties’ obligation to meet other legal requirements, including contractual duties and compliance with various federal and state harassment and discrimination laws.

In order to reduce the amount of wrongful termination and related litigation, the Arizona legislature enacted the Arizona Employment Protection Act in 1996. The Act established certain guidelines designed to clarify what constituted, or did not constitute, wrongful termination under Arizona law. Prior to the enactment of the Arizona Employment Protection Act, employers faced numerous lawsuits based on alleged oral promises and implied obligations, with divergent results depending on the estimate or jury. A number of those results had served to expand an employee’s right to bring a lawsuit in a way that the legislature deemed unacceptable.

The Arizona Employment Protection Act contains at the minimum four important provisions that all Arizona employers and employees should be aware of:

First, there is one-year statute of limitations for claims for breach of an employment contract or for wrongful termination. This method that such claims must be filed within one year of the termination date, considerably shortening the six-year contract limitations period that was before applicable to some claims. considerably, however, this limitations period does not apply to claims under the Arizona Civil Rights Act or pursuant to federal law stemming from illegal discrimination due to, among other things, race, sex, disability or age.

Second, there is an established presumption that employment relationships can be terminated at-will, and that presumption will carry the day unless there is an express written agreement stating otherwise. Typically, this will require a written contract signed by both parties, or an unequivocal guaranty described in an employee handbook or manual.

Third, the Arizona Employee Protection Act limits employees’ wrongful termination claims to express breach of contract claims (described above), claims specifically allowed by Arizona statute, and “public policy” tort claims. Importantly, already these claims are limited to situations where a statute involved does not itself provide for a cure. The tort claims include circumstances where an employee is fired for refusing to violate the law, or blows the whistle on an employer they believe is breaking the law.

Finally, the Act expands sexual harassment claims so that certain such claims may be progressive already where federal sexual harassment laws might not apply.

At the end of the day, the Arizona Employment Protection Act creates a legal ecosystem where it can be very difficult to successfully pursue a claim against an Arizona employer. Of course, every situation is different and the law is regularly changing, and if you believe your rights have been violated or you have been accused of wrongdoing you should speak with an experienced Arizona employment lawyer to determine what your rights and obligations are.




leave your comment

Top