Arizona Termination Letter - Substance Abuse
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FAQ
Are termination letters required? Most companies are not required by law to give employees letters of termination. The exceptions are those located in Arizona, California, Illinois and New Jersey. Most employers, however, do provide termination letters as a professional courtesy and a legal record.
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.
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.
To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.
Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol. In fact, employers are required to accommodate employees who suffer from addiction to the point of undue hardship.
To prove a case of wrongful termination, the fired worker generally has to show that the employer's stated reason for the discharge was false, and that the termination was for an illegal reason. That illegal reason is generally unlawful retaliation, discrimination, a breach of contract, or a violation of public policy.
Arizona is an at-will employment state, which means that an employer or an employee can end an employment relationship for any reason or for no reason but not the wrong reason unless an employment contract is in place. Most employees do not have a contract and are considered at-will.
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.
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.
