ARIZONA EMPLOYMENT PROTECTION ACT CHECKLIST (A.R.S. §23-1501)

Read the WARNING! first.

Is there a signed, written contract?

If yes, does contract specify duration of time for employment relationship to remain in effect?

Does employment contract expressly restrict right of either party to terminate employment relationship?

Did employer terminate employment in breach of written employment contract?

Did employer terminate employment in violation of a statute? - Civil rights act (A.R.S. §41-1401, et seq.); - OSHA (A.R.S. §23-401, et seq.); - Hours of employment act (A.R.S. §§23-233, 23-281, 23-391, et seq.); - Agricultural employment relations act (A.R.S. §23-1381, et seq.); - Other statute setting forth the public policy of Arizona.

Was employee terminated in retaliation for: - Refusal by employee to commit an act or omission that would violate the Constitution of Arizona; - Refusal by employee to commit an act or omission that would violate the statutes of Arizona; - Disclosure by employee (in a reasonable manner) that the employee has information or a reasonable belief that the employer, or employee of employer, has violated, is violating or will violate the Constitution of Arizona; - Disclosure by employee (in a reasonable manner) that the employee has information or a reasonable belief that the employer, or employee of employer, has violated, is violating or will violate the statutes of Arizona; - Exercise of rights under the worker's compensation statutes; - Service on a jury; - Exercise of voting rights as protected by A.R.S. §16-1012; - The exercise of free choice with respect to nonmembership in a labor organization as protected by A.R.S. §23-1302; - Service in the national guard or armed forces as protected by A.R.S. §26-167 & §26-168; - The right to be free from the extortion of fees or gratuities as a condition of employment as protected by A.R.S. §23-202; - 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 A.R.S. §23-203.

Is the employee a public employee? If so:

Is there any right to continued employment under: - The Arizona Constitution; - Arizona Revised Statutes; - Any 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.