Not all terminations are wrongful. In Arizona, employers are allowed to terminate an employee without cause and even if you are fired for something you didn't do, the termination is not necessarily "wrongful" under the law. It is the motivation behind the termination that makes it illegal. The law prohibits an employer from terminating an employee for certain discriminatory reasons like race, gender, religion, or disability.
State and federal law prohibit disability discrimination in employment. These laws make it unlawful for an employer to discriminate against an employee with a disability when making decisions related to hiring, firing, promoting, training, compensating, or other terms of employment.
Sexual harassment is unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. This type of behavior in the workplace is illegal.
State and federal law provides limited protections to “whistleblowers.” A whistleblower is an employee who reports legal violations in the workplace to a superior, or to an outside law enforcement or governmental agency. In most instances an employer cannot terminate an employee for making such a report.
When employees lose their job at no fault of their own they are often entitled to receive unemployment benefits. If you have been wrongfully denied unemployment benefits we can help. We represent clients in unemployment appeal hearings and help them get the benefits they deserve.
Under Arizona law, an employer is prohibited from firing an employee in retaliation for use of workers' compensation benefits. If you were injured on the job and subsequently fired, we can help. We hold employers accountable when they wrongfully terminate injured employees for seeking the benefits they deserve.
wage and hour disputes
In Arizona, workers are entitled to fair compensation for the work they do. State and federal laws provide guidelines for when employees must be paid, how much they must be paid, and when they are entitled to additional compensation such as overtime. Arizona also has specific guidelines as to when a departing employee must receive their final paycheck. We work with employees to make sure that they are receiving all that they are entitled to under the law.
contract review and negotiation
While most employees in Arizona are "at-will" employees, many still receive written contracts. We regularly review employment contracts for executives, doctors, teachers, and other high level professionals to ensure the contract is fully understood by the employee and to ensure that the contract provides the necessary protections for the employee. Once reviewed, we can help you negotiate the contract to ensure that you are receiving the most out of the agreement that you can.
severance and sepAration
Often when employees leave a company they are offered a severance package. Typical severance agreements offer an exchange of additional compensation in return for the employee signing certain documents requiring the departing employee to give up legal rights to sue the company. These agreements are often one-sided and greatly favor the employer. We review severance agreements to ensure that they are worthwhile for the departing employee, and to make sure that rights are not being given up that shouldn't be.
A non-compete agreement is often incorporated into an employment contract and prohibits employees from engaging in certain activites, or taking certain jobs after the employment relationship ends with the current employer. We review non-compete agreements both before they are signed and when an employee is leaving their current position. We examine and analyzie the agreement for scope and enforceability and bring and defend non-compete litigation when necessary.