Phoenix Wrongful Termination Lawyers
Losing a job is hard enough on its own. When that job is taken through an illegal act, the financial and personal fallout can be severe, affecting income, benefits, and the stability your family depends on. Arizona and federal employment law give workers specific rights in these situations, including the right to file a wrongful termination claim and seek compensation for the harm they’ve suffered.
Yen Pilch Robaina & Kresin has represented workers throughout Phoenix, Mesa, Scottsdale, and Tucson for more than 30 years in wrongful termination, wage disputes, discrimination, harassment, retaliation, and contract matters. We hold an AV Preeminent rating from Martindale-Hubbell, reflecting peer evaluation of our legal ability and ethics by other attorneys and judges. Our attorneys have appeared before the United States Court of Appeals for the Ninth Circuit, the Arizona Supreme Court, and Arizona appellate and trial courts. Each client works directly with the attorney handling their matter from the first meeting through resolution.
If you believe your termination was unlawful, call us at (602) 833-0220 to schedule a confidential consultation. We can review your situation, explain your rights in plain language, and help you understand your options before you decide how to proceed.
What Is Wrongful Termination in Arizona?
Arizona is an at-will employment state, which means employers can terminate employment for “good cause” or “no cause,” but not for “bad cause.” Bad cause includes termination based on discrimination, retaliation for whistleblowing or refusal to violate the law, or breach of contract, among other things. Employers must also follow the termination limits and procedures set out in employment contracts.
Government employees generally aren’t at-will. After serving a probationary period, they can typically be terminated only for cause and, in many instances, have the right to appeal their termination. If you’re a public employee and believe your termination was improper, our wrongful termination attorneys can help you understand what remedies may be available.
Arizona Statutory Grounds for Wrongful Termination
Arizona’s Employment Protection Act (A.R.S. 23-1501) is the primary state statute defining when an employee can bring a wrongful termination or unlawful termination claim. The Act protects workers who disclose, in a reasonable manner, a reasonable belief that their employer has violated or will violate Arizona law. It also prohibits termination that violates public policy, such as firing an employee for refusing to commit an illegal act.
Beyond discrimination and retaliation, Arizona law recognizes several additional situations where a termination may be unlawful:
- Workers’ compensation retaliation: Employees can’t lawfully be terminated for filing a workers’ compensation claim.
- Jury duty and military service: Terminating an employee for serving on a jury or fulfilling military service obligations is prohibited.
- Protected leave: Employees who take leave under the federal Family and Medical Leave Act (FMLA) or Arizona’s Fair Wages and Healthy Families Act can’t be terminated for doing so.
- Constructive discharge: When an employer makes working conditions so intolerable that a reasonable employee is effectively forced to resign, Arizona courts may treat that resignation as a wrongful termination.
We handle wrongful termination and unlawful termination matters for employees in public and private roles, including government workers, executives, and federal employees. Our attorneys represent clients before the Equal Employment Opportunity Commission (EEOC), the Arizona Civil Rights Division (ACRD), Maricopa County Superior Court, and federal district and appellate courts, which allows us to select the forum that fits the facts of each case.
Can You Sue for Wrongful Termination in Arizona?
Yes. An employee who believes they were wrongfully terminated can file a complaint with the Arizona Civil Rights Division or the EEOC, or file a lawsuit directly in state or federal court.
To pursue a wrongful termination claim, an employee must show that the termination was motivated by illegal discrimination or retaliation and that the employer’s actions caused harm. Discrimination grounds include race, gender, age, religion, and disability. Retaliation grounds include reporting illegal conduct and taking protected leave.
If an employee succeeds in a wrongful termination case, they may be able to seek the following:
- Compensatory damages, such as emotional distress, or the cost of a new job search, and more, depending on your circumstances
- Lost wages compensation
- Your termination changed to one of resignation
- Continuation of your benefits
- Attorney’s fees
The compensation available depends on the facts of your case and how the termination affected your life.
Filing Deadlines for Wrongful Termination Claims in Arizona
Wrongful termination claims are time-sensitive. The applicable deadline depends on the type of claim, and missing it can eliminate the right to pursue the matter entirely.
- Arizona Civil Rights Act (ACRD): Discrimination claims filed with the Arizona Civil Rights Division must be submitted within 180 days of the alleged discriminatory act.
- Federal Title VII Claims (EEOC): Because Arizona is a deferral state, the window to file a federal discrimination charge with the EEOC extends to 300 days from the discriminatory act.
- Right-to-sue letter: After the EEOC or ACRD concludes its investigation, a claimant who receives a right-to-sue letter has 90 days to file a lawsuit or the right to sue for discrimination is lost.
- Arizona Employment Protection Act claims: Wrongful termination claims based on whistleblower retaliation or public policy violations under A.R.S. 23-1501 must generally be filed within one year of the retaliatory action.
If you believe you were wrongfully terminated, don’t wait. Document the events leading to your termination, preserve relevant communications and records, and speak with an attorney as soon as possible. Different claim types carry different statutes of limitations, and the deadlines can be short depending on how you file.
We evaluate risk, timing, and probable outcomes at intake and adjust strategy as the case develops. Our attorneys appear in arbitration and mediation as well as state and federal courts, giving clients access to the full range of forums for resolving a wrongful termination dispute.
Speak with a Phoenix Wrongful Termination Attorney
If you believe you were wrongfully or unlawfully terminated, we’re ready to help. We offer confidential consultations with clear fee discussions so you can understand your rights and realistic paths forward before deciding how to proceed. From the first meeting through resolution, you’ll work directly with the attorney handling your matter and receive plain-language explanations of your options every step of the way.
Yen Pilch Robaina & Kresin has represented individuals and families throughout the Phoenix area for more than 30 years and is prepared to evaluate wrongful termination and unlawful termination matters for workers across the Valley. Call us at (602) 833-0220 to schedule your confidential consultation.
What Sets Us Apart
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Caring and CompassionateWe care about our clients as if they were our family, showing them care and compassion throughout the entire process.
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We Work Hand in Hand with Our ClientsWe work closely with our clients to address their needs and find favorable solutions to their employment-related, personal injury and estate planning issues.
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Experienced Attorneys Ready to Fight for YouThe experienced Phoenix employment lawyers of Yen Pilch Robaina & Kresin PLC understand what it takes to achieve results for our clients.
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Trusted for Over 30 YearsOur firm brings a high level of experience to each and every matter, and we have helped clients secure millions of dollars in total settlements and verdicts.
Client Testimonials
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“As an educator working for a non-union Charter School, I did not not who to turn to when my principal started improper practices with teachers during COVID19. We were shocked he would treated us so poorly during a pandemic.”B. Burton
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“Mr Robaina was a God sent.”Anthony H.
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“Very friendly and welcoming folks there. The attorney listened to my situation with great interest, and offered excellent legal advice.”Preston J.
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“Ed Robaina and his team represented my company during a very difficult lawsuit against a deep-pocket company represented by one of the largest law firms in the southwest. Robaina's team was very professional, always prepared, and very patient with us.”Tod W.
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“I have hired Robaina and Kresin on several occasions over the last ten years. Their service has been professional and complete with attention to detail.”Brent W.
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“I am a doctor at a federal agency who was discriminated against. Edmundo Robaina took my case at short notice, just a few weeks before the hearing, reviewed thousands of pages, conducted interviews efficiently, and led the case effectively to a very suc”Medical Doctor
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“Robaina and Kresin represented me as a defendant in an employment discrimination case. Because the allegations were extremely harmful to my reputation and not true, it was not a case that could be settled. I requested and received a top notch legal defe”Bruce H.
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“David Kresin is intelligent, intuitive, quick to assimilate information and strategic in his thinking.”Michael R.