Legal and Illegal Terminations
Understanding the types of legal termination in Arizona and illegal termination can help employees when they are faced with specific job separation. Arizona residents in the workforce should be aware of the types of legal termination of employment, so they know if and when they have been released from their position illegally. Determining the illegal and legal reasons for dismissal of employment in Arizona can be tricky for some, especially since Arizona is considered an at-will employment state. However, by understanding the legal reasons to fire an employee and which reasons are illegal, employees can know what to expect in case a particular circumstance should arise. To learn more information regarding legal reasons for terminating employees in Arizona, continue reading the information below.
Types of Legal Termination in Arizona
There are many different types of legal termination in Arizona, especially since Arizona is an at-will employment state. At-will employment means legal reasons to fire an employee do not need to include an explanation or warning. Arizona workers can be dismissed from a job for any reason at any time, without warning. The legal reasons for terminating employees in AZ can also benefit an employee as well, as he or she will not need to provide reason for leaving a job. Employees can legally leave their position with an employer at any time for whatever reason necessary.
Despite the majority of legal reasons for employment dismissal, employers should still take necessary precautions in order to avoid any issues which may arise. For instance, documenting disciplinary action and employee performance can be of assistance in case a circumstance of whether or not an employee was dismissed legally or illegally should occur. The types of legal termination that are most commonly found in Arizona involve disciplinary issues, performance problems, attendance issues and conflict with other employees within the workplace. In order to determine more legal reasons to fire an employee, download our helpful Arizona guide today.
Types of Illegal Termination in Arizona
Besides the types of legal termination in Arizona, there are also illegal forms of termination which should be understood. Those which are not legal reasons to fire an employee include when an Arizona employer fires as employee for a reason that is discriminatory in nature. Any reason for dismissal which involves race, gender, veteran status, age, religion, ethnic or national origin or disability will be considered illegal. In addition to these types of illegal termination of employment, there are other reasons for dismissal which should be considered despite at-will employment.
In 1996, Arizona’s Employment Protection Act was enforced and helped define types of legal termination in AZ by establishing that a relationship between an employee and employer is contractual in nature and can be severed by either party unless a written contract is in place. A written contract prevents illegal reasons to fire an employee by including rules and policies of the employer and is signed by both parties. If any of the above-mentioned written contracts are in place, then the types of legal termination in Arizona and illegal termination will not be so clear-cut. Without a written contract, an employee not be able to make an unemployment claim if let go simply because an employer decided so. However, an employee will have a claim for illegal termination if:
The employer breaks the established employment contract
The termination violates Arizona public policy
The termination is in retaliation of employee rights
If an employee feels that he or she has been wrongfully terminated in Arizona, then he or she will have one year to take action.
The Difference Between Illegal Termination in Arizona And Legal Reasons to Fire An Employee
Understanding the difference between the legal reasons to fire an employee in Arizona and illegal reasons can be important when deciding if a wrongful termination claim is possible. There are a few circumstances not considered legal reasons for dismissal of employment beyond discrimination. For instance, when an employee is dismissed from a job for activities that are out of his or her control such as jury duty or medical leave, this is considered illegal. Employees may be required to furnish proof in either circumstance, depending on the need of the employer. In addition, wrongful termination occurs if an employee is dismissed due to retaliation. Employees can file a wrongful termination claim if they report illegal issues within employment against an employer and who are terminated because of it. Many laws are in place to protect employees against retaliation as well as protect from hostile work environments.
Employees should also be aware of the legal reasons for disciplining an employee and reasons which are considered illegal. An Arizona employer can illegally demote or discipline an employee depending on his or her motivation. If an employer is demoting or disciplining an employee due to reasons which are considered illegal from a termination standpoint, then an employee may have a case against his or her employer. To find out more information regarding the types of legal termination in Arizona, along with what are not legal reasons for terminating employees in Arizona, download our comprehensive guide today.
What Kinds of Employment Services Does Arizona Offer?
The state of Arizona offers various programs meant to assist residents who have become unemployed. These employment services include unemployment insurance programs and job training initiatives. To learn about how you can apply for unemployment benefits and receive job assistance in Arizona, download our guide today.
Who Is Eligible for Employment Services in Arizona?
Arizona residents that meet certain criteria can qualify to receive employment benefits and training. The state has set job loss standards that determine the eligibility and amount of benefits an individual may be able to receive. To find out if you are eligible for Arizona unemployment benefits, download our guide now.