The items in this checklist are not meant to be determining factors in releasing an employee. Rather, they are listed as items to consider in determining the value or contribution of the employee to your organization.
Arizona Checklist - When Should You Fire an Employee
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FAQ
At-will employment is an employer-employee agreement in which a worker can be fired or dismissed for any reason, without warning, and without explanation.
Wrongful termination Arizona statute of limitations requires that you file a claim of wrongful termination through the Arizona Civil Rights Division (ACRD) of the attorney general's office within 180 days of your termination. Generally, you have two years to file a lawsuit through other channels.
Under Arizona law, employees are entitled to certain leaves or time off, including paid sick leave, crime victim leave, voting leave, jury duty leave and military leave. See Time Off and Leaves of Absence.
A 30 to 90 day notice period is standard for terminating the workforce in your organization. Stated under the Industrial Disputes Act of 1947, the law mandates that when terminating more than 100 members working in a manufacturing plant, mine or plantation unit, government approval is required.
Wrongful termination in Arizona occurs when an employer fires you because of your sex, race, religion, and a handful of other categories. Simply put, employers are foreclosed from firing you because of your immutable characteristics, even in those states where right-to-work laws have taken hold.
When an employee's behavior or lack of work ethic affects other employees, it's a sign that it's time to fire that employee. If one employee can bring down the morale of the entire office, department, or even company, and the behavior hasn't improved, then it's time for that employee to go.
A termination letter should explain the decision to terminate employment and a general statement of the reasons behind it. It should not be a list of reasons, including any admission by an employee to an offense. Give the letter to the employee upon termination.
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.
In Arizona, as in other states, employees work at will. This means an employee can be fired at any time and for any reason, or for no reason at all, as long as the reason for the firing is not illegal.
Is a termination letter required in Arizona? While a termination letter is considered good practice, no federal or Arizona laws require it. In fact, because Arizona is an at-will employment state, an employer is under no obligation to provide a reason for firing an employee.
