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Scottsdale Wrongful Termination Lawyer
Even under favorable conditions, losing a job can be very stressful. Being fired wrongfully can be an agonizing experience that combines feelings of betrayal, injustice and profound disrespect.
Arizona, like other states, is known as an “at-will” employment state, which means that in most cases either an employer or an employee can legally end an employment relationship for any reason or for no reason – even in situations in which an employer is being unfair, unethical or unjust in terminating an employee. However, state and federal laws make it illegal to discharge or fire an employee for certain reasons, factors that can lead to a wrongful termination claim, a lawsuit against an errant employer.
Fighting For The Rights Of Employees Who Were Unfairly Discharged
If you were wrongfully fired, the trial lawyers of The Zoldan Law Group can help you understand your legal rights and represent you in protecting those rights. Specifically, we can assist you if:
- You need to determine if you have an actionable claim, and you want to understand the process of pursuing litigation
- You need aggressive representation in court
- You were terminated in retaliation for reporting misconduct
- You reported sexual harassment or rejected sexual overtures from a manager
- You took or requested family leave covered by the Family and Medical Leave Act (FMLA)
- You were discriminated against based on your age, sex, race or another legally protected characteristic
Not all unfair terminations are grounds for a lawsuit. It is important to obtain legal advice if you have concerns about a discharge.
Attorneys For Illegal Discharge Cases In Phoenix | Contact Us
If you need to consult a wrongful termination lawyer in Scottsdale or Phoenix, contact The Zoldan Law Group to schedule an appointment. We can answer your questions and help you develop a strategy for the resolution of the problem.
What Qualifies as Wrongful Termination?
The following situations may be grounds for a wrongful termination claim in the state of Arizona:
State and federal laws dictate that an employer may not fire an employee for discriminatory reasons, such as sex, race, age, religion, disability and national origin.
A medical condition cannot be the basis for the termination of an employee, including pregnancy. Medical leave, taken in accordance with the Family and Medical Leave Act, is also not a fireable offense.
Performance of Legal Rights or Public Policy Issues
Employees cannot be fired for joining a union, filing a workers’ compensation claim, reporting safety violations, attending jury duty, or taking part in any other public service.
Contractual Rights and Policy Issues
An employer cannot violate the terms of a written contract existing between them and an employee or a policy in an employee manual or handbook. The contract or policy may dictate the length of employment or termination procedures.
Wrongful Termination Laws in Arizona
Arizona is an at-will state, meaning that employment is typically not protected by a written contract and can end at any time with or without cause, by either the employee or the employer. However, there are unlawful exceptions that can occur, in which an employee may have the right to file a legal claim against the employer for wrongful termination.
Can You Sue an Employer for Wrongful Termination and What Types of Damages?
If you believe you have been wrongfully terminated, you may have the right to pursue legal action against your employer for damages.
Damages you may recover in a wrongful termination case, include:
- Mental anguish
- Lost wages
- Lost benefits and medical expenses
- Payment for job search costs
- Severance package
- Attorneys’ fees
- Punitive damages (if employer’s behavior was egregious)
A wrongful termination lawsuit must be filed within one year of the date of termination. An attorney familiar with these types of cases can ensure that your claim is worth pursuing as well as maximize your chances of being awarded the damages you are warranted.
How Do You Prove Wrongful Termination?
Proving a wrongful termination case can require an extensive amount of proof and investigation. Begin with these steps:
- Keep a detailed record of every form of communication between you and your former employer.
- Formally request the reason for your termination.
- Dispute the reasons given for your termination in a letter.
- Gather all records and documents that pertain to your employment, such as employment contracts, employee handbooks, union contracts, pay stubs, etc.
- Make a list of previous co-workers who can potentially be called as witnesses, along with their contact information.
- Find and speak to other previously terminated employees.
- Seek legal guidance from a wrongful termination attorney.
Wrongful termination attorneys have the resources and the ability to thoroughly investigate your claim in order to provide the necessary proof for a successful claim. An experienced attorney will take statements from coworkers regarding the employer’s behavior, gather employment records, investigate similar situations that did not result in the termination of an employee, and more.
Contact the Zoldan Law Group
We understand what a stressful situation you are in and our team of wrongful termination lawyers are ready to help. We have extensive experience in holding employers responsible for wrongful terminations. Contact us today so we may evaluate your case and discuss your options for pursuing compensation.