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Wrongful Termination in Arizona: Understanding the Employment Protection Act (A.R.S. § 23-1501)

Short version: Arizona is an at-will employment state. That means employers can fire employees for almost any reason — or no reason at all — as long as it’s not illegal. The Arizona Employment Protection Act (EPA) defines when a termination crosses the line into a wrongful termination claim.


At-Will Employment Rule

  • In Arizona, either the employer or employee may end employment at any time, with or without cause.

  • Wrongful termination claims are only available if the firing violates specific legal exceptions under the EPA.


Exceptions Under the EPA

You may have a wrongful termination claim if:

  1. Violation of a Written Contract

    • If you have an employment contract or written handbook with clear job protections, termination in breach may be actionable.

  2. Public Policy Exceptions

    • Fired for refusing to commit an illegal act.

    • Fired for reporting violations to a supervisor or public agency (e.g., reporting OSHA or safety issues).

    • Fired for exercising statutory rights, such as:

      • Filing a workers’ compensation claim.

      • Serving on a jury.

      • Voting leave.

  3. Retaliation

    • Terminated for opposing or reporting discrimination.

    • Terminated for asserting wage, sick leave, or other statutory rights. (See our post on Retaliation Basics).


What Doesn’t Qualify

  • Being fired unfairly, rudely, or without explanation is not enough.

  • Personality conflicts, favoritism, or being replaced by a friend of the boss generally don’t create claims unless one of the EPA exceptions applies.


Deadlines

  • Wrongful termination claims under the EPA usually must be filed within one year of termination (A.R.S. § 12-541).

  • Other related claims (e.g., discrimination or retaliation under Title VII/ACRA) may have shorter EEOC/ACRD filing deadlines (180–300 days).


How to Protect Yourself

  • Document everything: why you believe the termination violated the law, and keep relevant emails or texts.

  • Ask for your personnel file: Arizona employees can request employment records.

  • Act quickly: missing the deadlines can bar your claim.


FAQs

Q: Is every unfair termination wrongful termination?

A: No. Only terminations that fit within the EPA exceptions or other specific laws can be pursued.


Q: What if my employer said I was an “at-will” employee?

A: Most employees are, but that doesn’t excuse retaliation or firings that violate statutes or public policy.


Q: Should I also file with the EEOC?

A: If the termination involved discrimination or retaliation for reporting discrimination, you likely must. Filing with the EEOC or ACRD preserves your rights under federal and state civil rights laws.


Bottom Line

Arizona law favors employers with broad at-will employment rules, but the EPA carves out critical protections. If you were terminated after reporting misconduct, refusing to break the law, or exercising statutory rights, you may have a wrongful termination claim.


  • If you believe your employer has not paid you what you are owed, see our post on Wage Claims.

  • If you believe you've been retaliated against based on discriminatory reasons (gender, race, age, nationality, etc.), see our post on Retaliation Claims.

  • If you have questions on whether your time off is covered under the FMLA or ADA, see our post on FMLA vs. ADA.


Disclaimer: This post is for general information only and is not legal advice. Every case is unique — consult an attorney about your situation.


 
 
 

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