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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Labor
Chapter : EMPLOYMENT PROTECTION ACT

23-1501 Severability of employment relationships; protection from retaliatory discharges; exclusivity of statutory remedies in employment
The public policy of this state is that:
1. The employment relationship is contractual in nature.
2. The employment relationship is severable at the pleasure of either the employee
or the employer unless both the employee and the employer have signed a written contract
to the contrary setting forth that the employment relationship shall remain in effect for
a specified duration of time or otherwise expressly restricting the right of either party
to terminate the employment relationship. Both the employee and the employer must sign
this written contract, or this written contract must be set forth in the employment
handbook or manual or any similar document distributed to the employee, if that document
expresses the intent that it is a contract of employment, or this written contract must
be set forth in a writing signed by the party to be charged. Partial performance of
employment shall not be deemed sufficient to eliminate the requirements set forth in this
paragraph. Nothing in this paragraph shall be construed to affect the rights of public
employees under the Constitution of ARIZONA and state and local laws of this state or the
rights of employees and employers as defined by a collective bargaining agreement.
3. An employee has a claim against an employer for termination of employment only
if one or more of the following circumstances have occurred:
(a) The employer has terminated the employment relationship of an employee in
breach of an employment contract, as set forth in paragraph 2 of this section, in which
case the remedies for the breach are limited to the remedies for a breach of contract.
(b) The employer has terminated the employment relationship of an employee in
violation of a statute of this state. If the statute provides a remedy to an employee
for a violation of the statute, the remedies provided to an employee for a violation of
the statute are the exclusive remedies for the violation of the statute or the public
policy set forth in or arising out of the statute, including the following:
(i) The civil rights act prescribed in title 41, chapter 9.
(ii) The occupational safety and health act prescribed in chapter 2, article 10 of
this title.
(iii) The statutes governing the hours of employment prescribed in chapter 2 of
this title.
(iv) The agricultural employment relations act prescribed in chapter 8, article 5
of this title.
All definitions and restrictions contained in the statute also apply to any civil action
based on a violation of the public policy arising out of the statute. If the statute
does not provide a remedy to an employee for the violation of the statute, the employee
shall have the right to bring a tort claim for wrongful termination in violation of the
public policy set forth in the statute.
(c) The employer has terminated the employment relationship of an employee in
retaliation for any of the following:
(i) The refusal by the employee to commit an act or omission that would violate the
Constitution of ARIZONA or the statutes of this state.
(ii) The disclosure by the employee in a reasonable manner that the employee has
information or a reasonable belief that the employer, or an employee of the employer, has
violated, is violating or will violate the Constitution of ARIZONA or the statutes of
this state to either the employer or a representative of the employer who the employee
reasonably believes is in a managerial or supervisory position and has the authority to
investigate the information provided by the employee and to take action to prevent
further violations of the Constitution of ARIZONA or statutes of this state or an
employee of a public body or political subdivision of this state or any agency of a
public body or political subdivision.
(iii) The exercise of rights under the workers' compensation statutes prescribed in
chapter 6 of this title.
(iv) Service on a jury as protected by section 21-236.
(v) The exercise of voting rights as protected by section 16-1012.
(vi) The exercise of free choice with respect to nonmembership in a labor
organization as protected by section 23-1302.
(vii) Service in the national guard or armed forces as protected by sections 26-167
and 26-168.
(viii) The exercise of the right to be free from the extortion of fees or
gratuities as a condition of employment as protected by section 23-202.
(ix) The exercise of the right to be free from coercion to purchase goods or
supplies from any particular person as a condition of employment as protected by section
23-203.
(x) The exercise of a victim's leaves right as provided in sections 8-420 and
13-4439.
(d) In the case of a public employee, if the employee has a right to continued
employment under the United States Constitution, the ARIZONA Constitution, ARIZONA
Revised Statutes, any applicable regulation, policy, practice, or contract of the state,
any subdivision of the state or other public entity, or any ordinance of any political
subdivision of the state.

23-1502 Constructive discharge
A. In any action under the statutes of this state or under common
law, constructive discharge may only be established by either of the following:
1. Evidence of objectively difficult or unpleasant working conditions to the extent
that a reasonable employee would feel compelled to resign, if the employer has been given
at least fifteen days' notice by the employee that the employee intends to resign because
of these conditions and the employer fails to respond to the employee's concerns.
2. Evidence of outrageous conduct by the employer or a managing agent of the
employer, including sexual assault, threats of violence directed at the employee, a
continuous pattern of discriminatory harassment by the employer or by a managing agent of
the employer or other similar kinds of conduct, if the conduct would cause a reasonable
employee to feel compelled to resign.
B. As a precondition to the right of an employee to bring a constructive discharge
claim against an employer pursuant to subsection A, paragraph 1 of this section, the
employee shall take each of the following actions before deciding whether to resign:
1. Notify an appropriate representative of the employer, in writing, that a working
condition exists that the employee believes is objectively so difficult or unpleasant
that the employee feels compelled to resign or intends to resign.
2. Allow the employer fifteen calendar days to respond in writing to the matters
presented in the employee's written communication under paragraph 1 of this subsection.
3. Read and consider the employer's response to the employee's written
communication under paragraph 1 of this subsection.
C. If an employee reasonably believes that the employee cannot continue to work
during the period for the employer to respond to the employee's written communication
regarding the conditions allegedly constituting constructive discharge, the employee is
entitled to a paid or unpaid leave of up to fifteen calendar days or until the time when
the employer has responded in writing to the employee's written communication, whichever
occurs first.
D. Any communications or actions by an employer in response to an employee's
communications about the employee's working conditions shall not be deemed an admission
by the employer that it has committed any action that gives rise to any claim or cause of
action by the employee against the employer.
E. An employer shall be deemed to have waived the right to notice under subsection
A, paragraph 1 if the employer fails to provide written notice to its employees of the
requirements of this section as follows:
1. Notice by the employer under this section shall be provided by the posting of a
notice, substantially in the form set forth in paragraph 2 of this subsection, in
conspicuous places on the employer's premises where notices to employees are customarily
posted, by including substantially similar language in an employment handbook or policy
manual that is distributed to employees or by including the notice in a written
communication that is provided to employees.
2. A notice that is substantially in the following form satisfies the notice
requirements of this section:
Notice
An Employee is encouraged to communicate to the employer whenever the employee
believes working conditions may become intolerable to the employee and may cause the
employee to resign. Under section 23-1502, ARIZONA Revised Statutes, an employee may be
required to notify an appropriate representative of the employer in writing that a
working condition exists that the employee believes is intolerable, that will compel the
employee to resign or that constitutes a constructive discharge, if the employee wants to
preserve the right to bring a claim against the employer alleging that the working
condition forced the employee to resign.
Under the law, an employee may be required to wait for fifteen calendar days after
providing written notice before the employee may resign if the employee desires to
preserve the right to bring a constructive discharge claim against the employer. An
employee may be entitled to paid or unpaid leave of absence of up to fifteen calendar
days while waiting for the employer to respond to the employee's written communication
about the employee's working condition.
F. Notwithstanding any other requirements of this section, an employee may bring a
constructive discharge claim without prior written notice in the event of outrageous
conduct by the employer or by a managing agent of the employer including sexual assault,
threats of violence directed at the employee, a continuous pattern of discriminatory
harassment by the employer or by a managing agent of the employer or other conduct if the
conduct would cause a reasonable employee to feel compelled to resign.

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