Employment Standards For Severance In Phoenix
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FAQ
Arizona follows the “at-will” employment doctrine, allowing employers to terminate employees without cause as long as the termination is not discriminatory or retaliatory.
Most termination clauses are an agreement between the employer and the employee that in the event the employer elects to dismiss the employee without cause, the employee will only receive what they are entitled to under the Employment Standards Code.
How to Structure a Severance Agreement Determine Eligibility: Decide which employees will be offered a severance agreement based on company policy or specific circumstances. Consult Legal Counsel: Work with an attorney to draft the agreement to ensure compliance with federal and state laws.
First you can simply ask. The offer of severance is not a legal obligation. It is an attempt by the employer to assure that you will never make any claims against it. Some times simply asking for more can trigger a discussion, but do not count on it. Especially in a RIF where many people are involved.
Like many other states, Arizona is an “at-will” employment state. This generally means that employers can terminate employees at any time for any reason—or even no reason at all—without incurring legal liability. Likewise, an employee can quit at any time without providing a reason or advanced notice.
Arizona law provides that an employer may terminate an employee at any time. The term is called “at-will employment.” The legal basis for this is that the employment relationship is considered to be like a contract and at any time either party may decide to end the employment relationship. (A.R.S. § 23-1501).
ARIZONA EMPLOYMENT PROTECTION ACT (AEPA) (A.R.S. § 23-1501) This means that an employer may discharge an employee for any reason or for no reason at all, with or without notice. An employer, however, may not discharge an employee for a reason that violates Arizona's public policy or Arizona's employment laws.