Question: My employer says I can be fired for "any reason" because my employment is "at will". Can I still sue them for wrongful termination?
Answer: Yes, if you were fired for an illegal reason.
In Arizona, most employment relationships are considered to be "at will." This means that, absent an agreement stating otherwise, an employer or employee may terminate the employment relationship for no reason or even a bad or nonsensical reason. The termination can be for cause or without cause. Essentially, this means that you can quit with or without notice for a good reason, bad reason or no reason and your manager can fire you at any time for a good reason, bad reason, or no reason.
However, your employer cannot fire you (or take some other adverse employment action, such as discipline or demotion) for an illegal reason. This is where a "wrongful termination" claim comes in. Wrongful termination occurs when your employer's reason or motivation for firing you (or taking some other adverse action) is against the law. Our website details many categories of unlawful conduct, however, it is not exhaustive. Wrongful termination can come in many forms. If you believe you may have been fired, disciplined or demoted for an illegal reason, contact an Arizona employment lawyer so we can help you determine the right course of action.
Question: How do I know if I was fired for an illegal reason?
Answer: First, the reason for your termination, or the activity you engaged in for which you believe you were terminated, must be protected by the law. These fall into a few broad categories:
Discrimination (employee treated differently due to a protected class or characteristic (age, sex, disability, race, religion, etc)
Failure to Engage / Failure to Accommodate (employer fails to engage with and/or accommodate employee's disability or sincere religious belief)
Retaliation (employee engages in protected activity and is subjected to an adverse action)
Interference (employer restrains or denies employee's ability to exercise rights)
Hostile Work Environment
Whistleblower ( employee reports illegal practices (SOX, Dodd-Frank, False Claims Act,) internally or to a government agency and
However, it more rare in today's employment environment, where employer's have access to HR professionals and legal counsel, for an employer to expressly take an adverse action or terminate for an illegal reason. Instead, courts look to evidence of "pretext" that is, that the purportedly legitimate reason given for the action does not make sense. As a result, an employee must have some evidence to discount or disprove the reason that your employer has given for your termination. Commonly, an employee shows that a employer's reason is not legitimate by showing that the reason is a lie, doesn't make sense, is unduly harsh, or that other employees were treated differently. There are many other ways to demonstrate pretext.
If the reason your employer gave for disciplining, demoting or terminating you is not credible, doesn't make sense, or singles you out and treats you differently than other employees, contact an Arizona employment lawyer to discuss your situation.
Question: Can I still sue my employer for wrongful termination if I quit or resigned?
Answer: Yes, if there is strong evidence that your voluntary resignation was essentially an involuntary "constructive discharge."
Constructive discharge occurs when an employee is forced to quit because the workplace conditions are so intolerable that the employee is effectively left with no other option but to resign. If your work conditions or your employer’s mistreatment is so severe that a reasonable person would not be able to continue working in such an environment, then you can voluntarily resign and still be considered terminated, or "constructively discharged" under the law.
However, constructive discharge can be difficult to prove in court and your employer may successfully defend a claim for damages by showing that you could have remained employed and are only out of a job due to your own voluntary resignation. Courts have repeatedly held that isolated or minor incidents of discrimination or harassment, or because work conditions are less than ideal, do not form a sufficient basis for constructive discharge. Also, a constructive discharge claim will likely not be viable if you give notice to your employer but continue to work. This shows the environment is not so intolerable that you need to leave immediately.
As a result, it is almost always better from a legal perspective for you, even though work conditions are tough, to stick it out, remain employed and contact an employment attorney to represent you while you are still employed. If you think you are being forced out, an employment attorney can help you navigate the situation.
Additionally, while employed, you should use your employer's internal reporting procedures to try to resolve the issue. You should document all communication to your employer about your concerns about illegal or unlawful conduct. In most cases, internal reporting about a belief of illegal activity is protected conduct, and any retaliation that follows it will give rise to a legal claim. Voluntarily quitting or resigning may wipe out, or greatly devalue, your legal claim.