Any time an individual is terminated from a job, it is important for the employer and the employee to be aware of their rights and responsibilities. Unless armed with a working knowledge of these rights and responsibilities, employers and employees alike could be at risk.
What are my rights if I am terminated from a job?
Upon being terminated from employment, employees always have at least two options: Accept the termination and move on; or in the event of wrongful termination seek a legal remedy.1. You can merely accept the termination.
If an employee decides to accept the termination, his or her employer is required by law to pay all back-wages within one business day of the termination. If payment is not received, the employee should seek legal assistance to help retrieve the monies owed.
2. You can seek a legal remedy if the termination was wrongful.
If a terminated employee suspects wrongful termination, he or she should seek legal counsel to explore any possible wrongdoing. In some instances, it may be possible for terminated employees to get their job back. In other instances, terminated employees may be able to receive compensation. However, because Arizona generally follows the At-Will Employment Rule, only those employees who fall under one of its exceptions are likely to obtain a legal remedy. In essence, the At-Will Employment Rule allows employers to terminate “at will,” unless specifically prohibited from doing so by a contract, state or federal law or the constitution.
Although this is a complicated area of law which should be approached with an attorney, the following is an overview of some possible instances in which terminated employees can fall under an exception to the At-Will Employment Rule and obtain a legal remedy:
• When a terminated employee worked under an employment contract, a remedy may be available.
• In certain instances, employee handbooks can be interpreted as employment contracts, thus giving way to possible legal remedies.
• Union employees generally fall under an exception to the At-Will Employment Rule because they are contracted with the union. However, terminated union employees must follow a different procedure in seeking a legal remedy for termination than non-union employees. In addition to seeking legal counsel, terminated union employees should contact their union representative to file a formal grievance.
• Employees terminated because of public duties such as jury duty may have a legal remedy.
• Employees terminated because of race, religion, color, national origin, disability or sex may have a legal remedy.
• Employees terminated for retaliatory purposes may have a legal remedy.
Employees who feel they were forced to quit because of an employer’s intentional infliction of emotional distress or by other intolerable circumstances may also have legal remedies available to them. However, because statutes of limitations can prevent employees from obtaining a remedy after certain lengths of time, employees should seek legal counsel immediately, whether they were forced to quit or wrongfully terminated.
As an employer, what are my rights and responsibilities upon firing an employee?
In recent years, courts have seen more and more litigation brought by terminated employees against their employers. More often than not, juries seem to be sympathetic toward terminated employees. As such, it is particularly important for employers to be aware of their rights and responsibilities when it comes to terminating employees.
Generally, it is of utmost importance for employers to have non-contractual employees sign an at-will employment agreement. Additionally, employers should ensure there are grounds for dismissal before issuing a termination. The following is a list of reasons which courts have found as acceptable grounds for termination:
• The employee in question routinely misses work or fails to arrive to work on time.
• The employee in question fails to meet job expectations after given ample time to succeed.
• The employee in question violates explicit company policies.
• The employee in question arrives to work under the influence of drugs or alcohol.
• The employee in question acts or threatens to act in a physically violent manner.
• The employee in question engages in illegal behavior such as embezzlement or theft.
As an employer it is especially important to document anything which leads up to terminating an employee. If there is any question as to the validity of the grounds for termination, it would be wise to present this documentation to legal counsel prior to termination. With the assistance of a qualified attorney, employers can ensure they have taken every measure to protect themselves while maintaining the integrity of their organization.
