Phoenix Wrongful Termination Claims Lawyers

Arizona attorneys defend employers from potential liability 

In Arizona as elsewhere, most employees are hired at will. They generally can be fired for most any reason or for no reason at all. However, there still may be grounds for a discharged employee to bring a wrongful termination claim, which, even if it fails, can be costly for an employer and also may cause reputational damage. If you are planning to let an employee go or you are facing litigation, a Phoenix wrongful termination claims lawyer at the Law Offices of Donald W. Hudspeth P.C. can provide trustworthy guidance and representation.

What is wrongful termination?

Wrongful termination can occur when an employee is fired in violation of state or federal law or of an employment agreement or policy. Unlawful firings might violate employee protections against retaliation or discrimination. At the executive level, the firing could breach an employment contract. When a worker prevails in a lawsuit, the court can order reinstatement and/or payment of damages, such as front and back pay.

Legal grounds for termination in Arizona

An at-will employee’s firing may be for cause or due to economic reasons. Examples are: 

• Poor performance or failure to meet job expectations
• Misconduct, such as violating company policies or public policy, theft, insubordination, or unethical behavior
• Business needs, such as downsizing or restructuring

When an employee has a contract, a firing can be based on failure to meet specified performance metrics or on an employee’s breach of other contractual terms. 

Common wrongful termination claims that employers face

A lawsuit can be based on multiple grounds. An employee may allege they were terminated for any of the following motives: 

• Discrimination based on race, age, disability, sex or other personal characteristic protected by federal law
• Retaliation for reporting illegal activities, filing a workers’ compensation claim, raising a pay dispute or taking leave under the Family and Medical Leave Act
• Breach of the terms of an employment contract

An employee who resigns from their job might claim a constructive discharge, namely that they were subjected to a hostile work environment that forced them to quit.

Employer defense strategies for wrongful termination cases

An employer can assert such defenses as:

• Legitimate business reasons — Employers can refute allegations by showing poor performance, misconduct or business downsizing.
• Lack of evidence — The employee has the burden of proving by a preponderance of the evidence that an unlawful action occurred.
• Compliance with internal policies — Clear and consistent internal procedures can help demonstrate good faith and due process towards the terminated worker.

Prior consultation with an employment law attorney can help a business avoid disputes or limit potential consequences of a claim.

The process for defending a wrongful termination claim

When facing a lawsuit, an employer should immediately consult with a knowledgeable employment law attorney who can assess the strength of the claim and advise the business on the best course of action. An attorney can collect all relevant documentation, including performance reviews, warnings, communications and internal policies related to the termination. An attorney can draft and file an answer to the claim and engage in negotiations, mediation or arbitration. If the case heads to trial, both parties will go through discovery and pretrial motions. Trial can be averted if a reasonable settlement can be reached. 

Contact a proven business law firm for wrongful termination defense in Phoenix

The Law Offices of Donald W. Hudspeth P.C. provides robust defense representation for Arizona businesses in wrongful termination cases. Call 866-696-2033 or contact us online to schedule a consultation.