Fired Police Officer’s Lawsuit to Determine if At-Will Employment Agreement Applies

While contracts are generally enforceable as written, there can be situations where terms within employment agreements are held to be invalid for public policy reasons. This issue sometimes comes up in relation to noncompete agreements that limit where a person can work after they leave their employer. There can also be other types of situations involving a possible conflict between the law and the provisions of an employment contract. 

Brian Blunt was a longtime police officer in Gilbert, eventually rising to the position of police commander in 2021. When taking this leadership role, Blunt signed a contract stating that he was an at-will employee of the town. This meant that his employment could be terminated at any time, and without any cause.

At the time, the 2014 Peace Officers Bill of Rights (POBR) was in effect. This law covers members of police departments throughout Arizona. That version of the law allowed agencies and officers to negotiate employment agreements that did not include the POBR’s statutory protections. Accordingly, at-will arrangements were permitted if the parties agreed to it in the contract. 

In 2022, the POBR was revised to guarantee minimum statutory protections to all Arizona police officers. This means that the law’s prohibition on at-will employment can no longer waived by agreement of the parties. Rather, the POBR now serves as a “floor of minimum rights.” While an individual employment contract can mandate stronger protections that conferred through the POBR, it cannot take anything away. 

Gilbert fired Blunt from his position as police commander in 2023. While there was an apparent investigation into allegations of misconduct, the town took the stance that no cause was necessary for the termination due to Blunt’s status as an at-will employee. Blunt argued that despite the employment agreement, he was no longer an at-will employee due to the 2022 POBR revision given that he was fired in 2023. Upon review, the federal Court of Appeals for the Ninth Circuit referred the case to the Arizona Supreme Court to determine if the bar on at-will employment could be applied retroactively to the 2021 agreement. 

If you have a question about an Arizona employment agreement and its interaction with state or federal law, reach out to the Law Offices of Donald W. Hudspeth, P.C. Our Phoenix firms represents companies and workers throughout the state in various types of matters relating to workplace contracts. You can reach us by calling 866-696-2033 or contacting us online.