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Wrongful Termination in Arizona

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smcneese

Junior Member
What is the name of your state (only U.S. law)? Arizona
I was terminated by the president (my supervisor's boss) without notice, severance pay or other benefits. My primary job responsibility is bringing new business from new customers. Last May I received an unsatisfactory rating and 1st warning from the president despite my direct supervisor verbally telling me there was nothing wrong with my performance. I also received the highest customer satisfaction rating of any of my peers. I had an interim review in June and I met or exceeded every goal set for me and yet I received a 2nd warning with no explanation. I received no feedback on performance from June thu Oct then 2 weeks ago I was terminated for poor performance even though I was in the middle of negotiating two contracts either one of which would of exceeded my 2010 sales goal by 50% to 100%. In contrast my peers have produced NO new sales opportunities in the last year yet they are still employed.

Within hours of my termination my employer was contacting my customers and implying I had been laid of due to consolidation. A week later my peers were visiting the accounts I had been working on.

I have 16 years seniority and suspect I was fired rather than layed of to avoid the company's past practice of paying 1 or more weeks severence pay for every year of seniority. I can document that I have brought in more new business opportunities than any of my peers. In private my direct supervisor says I am a dedicated, effective employee but he goes silent when on the record or with the president. Do I have any grounds for legal action based on "fair dealing" or other principals?

Does Arizona law provide any protection against "Wrongful Termination" of this nature?

I don't want my job back but feel I was cheated out of 16 plus weeks of severance pay.

Thanks,
Scott
 


eerelations

Senior Member
Past practice notwithstanding, and absent a formal contract requiring it, your former employer is not legally obliged to give you severance pay.

"Wrongful termination" in law does not mean that you were fired for some reason other than what your former employer told you, it means that you were fired for a reason prohibited by law. This usually means a firing based on things like race, gender, religion, or disability. Since there is no law against firing someone for poor performance when it was really a redundancy (as you have advised happened to you), then your termination is not a wrongful termination in law.

The fact that your former employer is putting it about that you were laid off bodes well for you - this means that you should have no problem getting UI benefits.

Unfortunately this will be about all you will get. Sorry, I do sympathize with your situation.
 

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