Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I terminate employees without violating employment laws in Arizona? What are the requirements?

Based on the information provided in the context documents, terminating employees in Arizona is subject to certain requirements and limitations.

Requirements for Terminating Employees in Arizona

According to AZRS 23-1501, the employment relationship in Arizona is contractual in nature and is severable at the pleasure of either the employee or the employer unless both parties have signed a written contract to the contrary. If there is a written contract, it must set forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restrict the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged. Partial performance of employment shall not be deemed sufficient to eliminate the requirements set forth in this paragraph.

If there is no written contract, an employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:

  1. The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this subsection, in which case the remedies for the breach are limited to the remedies for a breach of contract.
  2. The employer has terminated the employment relationship of an employee in violation of a statute of this state. If the statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute.
  3. The employer has terminated the employment relationship of an employee in retaliation for certain protected activities, such as the refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state, the disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state, or the exercise of rights under the workers’ compensation statutes prescribed in chapter 6 of this title.

Exclusivity of Statutory Remedies in Employment

If a statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute. This means that an employee cannot bring a common law claim for wrongful termination if the statute provides a remedy for the violation. However, if the statute does not provide a remedy to an employee for the violation of the statute, the employee shall have the right to bring a tort claim for wrongful termination in violation of the public policy set forth in the statute.

Conclusion

In summary, terminating employees in Arizona is subject to certain requirements and limitations. If there is a written contract, it must set forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restrict the right of either party to terminate the employment relationship. If there is no written contract, an employee has a claim against an employer for termination of employment only if certain circumstances have occurred. Additionally, if a statute provides a remedy to an employee for a violation of the statute, the remedies provided to an employee for a violation of the statute are the exclusive remedies for the violation of the statute or the public policy set forth in or arising out of the statute.

Please note that there may be additional requirements and limitations that apply to terminating employees in Arizona. For example, employers that pay hourly wages or salary by cash to any employee must comply with certain requirements, and failure to comply may result in civil penalties [2.1]. It is also unlawful for an employer to discriminate against an employee or applicant for employment for opposing any practice that is an unlawful employment practice or for participating in any manner in an investigation, proceeding, or hearing under Arizona law [3.1]. If you have specific questions or concerns about terminating employees in Arizona, you may wish to consult with an attorney or other qualified legal professional.

Source(s):
Jurisdiction

Arizona