Wrongful Termination in Arizona (2026): Laws, Deadlines, How to File

Arizona is an at-will state, and since 1996 a statute spells out exactly when a fired employee can sue. Under the Arizona Employment Protection Act (A.R.S. 23-1501), an employee has a claim for termination "only if" the firing breached a qualifying signed written contract, violated an Arizona statute, or was retaliation for one of the protected acts the statute lists, such as refusing to break the law, reporting a violation, or filing for workers' compensation. Discrimination claims run through the Arizona Civil Rights Act (A.R.S. 41-1463), which bars firing because of race, color, religion, sex, age, national origin or disability.

The deadlines are short: 180 days to file a discrimination charge with the Arizona Attorney General's Civil Rights Division, and one year for most other wrongful termination suits. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arizona law on firing employees: the Arizona Employment Protection Act (A.R.S. 23-1501 and 23-1502), the employment provisions of the Arizona Civil Rights Act (A.R.S. 41-1461 to 41-1481), the Fair Wages and Healthy Families Act retaliation rule (A.R.S. 23-364), and related statutes, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Arizona severance pay laws.

Is Arizona an at-will state?

Yes. Under A.R.S. 23-1501(A)(2), the employment relationship is severable at the pleasure of either party unless both have signed a written contract that sets a specified duration or otherwise expressly restricts the right to terminate. For how the doctrine works day to day, see Arizona at-will employment laws.

The Act then lists the only situations in which a fired employee has a claim. In Taylor v. Graham County Chamber of Commerce, 201 Ariz. 184 (App. 2001), the Court of Appeals said the legislature intended "to limit the circumstances in which a terminated employee can sue an employer to those situations involving either qualifying written contracts or an employer violating the public policy of the state as enunciated in the state constitution and statutes."

Grounds for a wrongful termination claim in Arizona

The three claims allowed by the Employment Protection Act

A.R.S. 23-1501(A)(3) says an employee "has a claim against an employer for termination of employment only if" one or more of these occurred:

1. Breach of a qualifying written contract (see the contracts section below).
2. Firing in violation of an Arizona statute. If that statute provides its own remedy, that remedy is the only one. "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."
3. Retaliation for any of the acts listed in 23-1501(A)(3)(c):
   • refusing to commit an act or omission that would violate the Arizona Constitution or Arizona statutes;
   • a reasonable disclosure of an actual or reasonably believed violation of the Arizona Constitution or statutes to a supervisor or manager with authority to act on it, or to a public body;
   • exercising rights under Arizona's workers' compensation statutes;
   • serving on a jury (A.R.S. 21-236);
   • voting rights (A.R.S. 16-1012);
   • not being a member of a labor organization (A.R.S. 23-1302);
   • National Guard or armed forces service (A.R.S. 26-167, 26-168);
   • rights under the statutes on extortion of fees (A.R.S. 23-202) and coercion to buy goods (A.R.S. 23-203);
   • a crime victim's right to leave work (A.R.S. 8-420, 13-4439).

The public policy that counts comes from the Arizona Constitution and Arizona statutes. Before 1996, Arizona courts recognized a broader common-law public-policy claim: in Wagenseller v. Scottsdale Memorial Hospital, 147 Ariz. 370 (1985), the Arizona Supreme Court held that an at-will employee "may be fired for good cause or for no cause, but not for 'bad' cause." The 1996 Act replaced that common law to the extent the two conflict.

Discrimination under the Arizona Civil Rights Act

A.R.S. 41-1463(B)(1) makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions or privileges of employment because of the individual's race, color, religion, sex, age or national origin or on the basis of disability." Sex includes pregnancy, childbirth and related medical conditions (A.R.S. 41-1461(2)), and 41-1463(B)(3) addresses genetic test results.

Who is covered. An employer with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, or, for sexual harassment and retaliation for opposing it, an employer with one or more employees (A.R.S. 41-1461(7)(a)). The definition excludes the United States, Indian tribes and bona fide private membership clubs exempt under section 501(c). The Attorney General's FAQ notes that only Arizona law covers sexual harassment by employers with fewer than 15 employees and age discrimination by employers with more than 15 and fewer than 20.

What is not listed. The statute's text does not include sexual orientation or gender identity; SB 1341 of 2026, which would have added them, was held in committee. Federal Title VII reaches a firing for being gay or transgender at employers with 15 or more employees (Bostock v. Clayton County, 2020), and some cities go further: Phoenix's City Code, Chapter 18, bars employment discrimination because of sexual orientation or gender identity or expression, and the city's Equal Opportunity Department enforces it for employers with fewer than 15 employees.

Retaliation. A.R.S. 41-1464(A) bars discriminating against an employee who "has opposed any practice that is an unlawful employment practice under this article or has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing."

The Civil Rights Act remedy is exclusive. Because the Civil Rights Act provides its own remedy, 23-1501 makes that remedy the only one for a firing that violates it, including the public policy arising from it. In Cronin v. Sheldon, 195 Ariz. 531 (1999), the Arizona Supreme Court upheld that exclusivity against a challenge under the Arizona Constitution. The same rule applies to Arizona's occupational safety and health act (the state-law remedy for safety retaliation is a complaint with the Industrial Commission of Arizona within 30 days, A.R.S. 23-425(B)), the hours-of-employment statutes, the agricultural employment relations act and the public-employee disclosure statutes (A.R.S. 23-1501(A)(3)(b)).

Federal law adds Title VII and the ADA for employers with 15 or more employees and the federal age law for employers with 20 or more (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 29 U.S.C. 630(b)).

Contracts and handbooks

Arizona's handbook rule changed in 1996. Leikvold v. Valley View Community Hospital, 141 Ariz. 544 (1984), had held that representations in a personnel manual "can become terms of the employment contract and can limit an employer's ability to discharge" employees. Now A.R.S. 23-1501(A)(2) requires a written contract signed by both parties, or a handbook or manual that "expresses the intent that it is a contract of employment," or a writing signed by the party to be charged. Partial performance is not enough.

In Taylor, the manual did not express that intent or expressly restrict termination, so the court affirmed summary judgment for the employer. Taylor also said the Act "changed the legal landscape" from the earlier exceptions based on public policy, implied-in-fact contracts and the implied covenant of good faith and fair dealing. Remedies for breach of a qualifying written contract "are limited to the remedies for a breach of contract" (A.R.S. 23-1501(A)(3)(a)).

Wage and paid sick time retaliation

Arizona's Fair Wages and Healthy Families Act covers minimum wage and earned paid sick time. A.R.S. 23-364(B) bars retaliation "for asserting any claim or right under this article, for assisting any other person in doing so, or for informing any person about their rights." Adverse action "within ninety days" of that activity raises a presumption of retaliation, which the employer can rebut only by clear and convincing evidence.

A retaliating employer must pay an amount "sufficient to compensate the employee and deter future violations, but not less than one hundred fifty dollars for each day that the violation continued or until legal judgment is final," and a court may order other legal or equitable relief (A.R.S. 23-364(G)).

Workers' compensation, jury service and military service

• Workers' compensation: firing in retaliation for exercising workers' compensation rights is one of the listed claims under A.R.S. 23-1501(A)(3)(c)(iii). For the benefits side, see Arizona workers' compensation laws.
• Jury service: A.R.S. 21-236 says "No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror." The employee keeps seniority, returns to the previous position, and cannot be required to use annual, vacation or sick leave for jury time. A violation is a class 3 misdemeanor, and the civil claim runs through 23-1501.
• National Guard and reserves: A.R.S. 26-168 bars refusing leave for active duty or training, protects seniority and return to the previous or a higher position, applies federal USERRA protections, and makes a violation a class 1 misdemeanor. HB 2663 (Laws 2026, ch. 104) amended this section.
• Voting: A.R.S. 16-1012 makes it a class 1 misdemeanor for an employer to use pay envelopes or posted notices to threaten employees in order to influence their political opinions or votes. Separately, A.R.S. 16-402 lets a voter who lacks three consecutive hours outside work while the polls are open take enough time off to make three hours, if requested before election day, without penalty or loss of pay; an employer that refuses or penalizes the employee commits a class 2 misdemeanor.

Medical marijuana cardholders

A.R.S. 36-2813(B) bars discriminating in termination against a person because of the person's status as a registered medical marijuana cardholder, or because of a registered patient's positive test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the work premises or during work hours. There is an exception where following the rule would cost the employer a federal monetary or licensing benefit, and A.R.S. 36-2814 lets employers discipline for workplace use or working under the influence.

Whistleblowing

A private- or public-sector employee fired for refusing to violate Arizona law, or for a reasonable disclosure of a violation to a supervisor with authority to act or to a public body, has a claim under A.R.S. 23-1501(A)(3)(c)(i) and (ii). The statute covers termination of employment, not lesser forms of retaliation. For more, including the separate rules for public employees, see Arizona whistleblower laws.

Constructive discharge in Arizona: the 15-day notice rule

Arizona has a statute on resigning under pressure, and it applies to "any action under the statutes of this state or under common law." Under A.R.S. 23-1502, constructive discharge "may only be established" in one of two ways:

1. Difficult conditions plus notice: "objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign," if the employee gave the employer at least 15 days' notice of the intent to resign because of them and the employer failed to respond. The employee must notify an appropriate employer representative in writing, allow 15 calendar days for a written response, and read and consider it. The employee may take up to 15 calendar days of paid or unpaid leave during that period if unable to keep working.
2. Outrageous conduct: conduct by the employer or a managing agent, "including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment," that would cause a reasonable employee to feel compelled to resign.

The notice step does not apply if the employer never told employees about it: an employer that did not post the statutory notice, put similar language in a distributed handbook or policy manual, or give it in a written communication is deemed to have waived the right to notice (A.R.S. 23-1502(E)).

Someone thinking about quitting over working conditions in Arizona should know about the written-notice step before resigning.

Wrongful termination deadlines in Arizona

Two clocks for a Civil Rights Act claim. The one-year limit runs from the day the charge was filed, not from the Division's notice. Under A.R.S. 41-1481(D), the Division notifies the charging party if it dismisses the charge, or if within 90 days it has not sued or reached a conciliation agreement; only then may the employee sue.

EEOC deadline. The EEOC's Phoenix District Office says an individual "usually has 300 days from the date of alleged harm" to file a charge against an employer with 15 or more employees in Arizona, and 300 days for age against an employer with 20 or more. For smaller employers, it says the charge must be filed with the state agency, and that the time limit is 180 days in Arizona. The Attorney General's FAQ says that where both federal and state claims are available, a charge filed with one agency "is automatically filed with the other."

Where to file in Arizona

• Discrimination: the Arizona Attorney General's Civil Rights Division, which says a complaint must be filed within 180 days. A charge the EEOC receives is treated as filed with the Division (A.R.S. 41-1481(A)).
• Federal claims: the EEOC, through the EEOC Public Portal or by phone at 1-800-669-4000 when a deadline is near.
• Employment Protection Act and contract claims: directly in court, within one year.
• Workplace-safety retaliation: a complaint with the Industrial Commission of Arizona within 30 days after the violation (A.R.S. 23-425(B)).
• Wage and sick time retaliation: a civil action must be filed within two years after the violation last occurs (three if willful), tolled during an investigation (A.R.S. 23-364(H)).

What a court can award

Arizona Civil Rights Act. If the employer "has intentionally engaged" in the practice, A.R.S. 41-1481(G) lets the court enjoin it and order affirmative action, including reinstatement or hiring with or without back pay, "or any other equitable relief as the court deems appropriate." Back pay cannot accrue from more than two years before the charge was filed and is reduced by interim earnings or amounts earnable with reasonable diligence. The section does not list compensatory or punitive damages, and our research did not find a court decision on whether they are available. The court may award the prevailing party, other than the Division, a reasonable attorney fee (41-1481(J)), so fees can run against a losing employee.

Wage and sick time retaliation. At least $150 for each day the violation continued, plus other appropriate relief (A.R.S. 23-364(G)).

Written contracts. Contract remedies only (A.R.S. 23-1501(A)(3)(a)).

Federal law. Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size, with back pay outside the cap (42 U.S.C. 1981a(b)(3)). The wrongful termination guide lists the tiers.

Practical steps after a firing in Arizona

Write down the date you were fired, who told you, the reason given, and any complaint, report, refusal, injury or jury summons involved, and keep copies of any signed contract, the handbook, messages and the termination notice. Arizona's clocks are short, so the 180-day Civil Rights Division deadline and the one-year limits are the ones to watch. Our research did not locate an Arizona statute requiring an employer to state the reason for a firing; A.R.S. 23-1361 does require that a copy of any written employment reference be sent to the former employee.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our Arizona severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes and pending bills

• HB 2663 (Laws 2026, ch. 104): approved by the Governor on June 4, 2026; amends the military leave statute, A.R.S. 26-168, on leave for training and competent military orders.
• SB 1341 (2026): would have added sexual orientation and gender identity and expression to the Arizona Civil Rights Act. Held in committee; not law.
• SB 1465 (2026): would have amended A.R.S. 23-1501 if a right-to-work constitutional amendment passed. Held in committee; not law.
• SB 1324 (2026): would have added compensatory and punitive damages to Civil Rights Act lawsuits (A.R.S. 41-1481). Held in committee; not law.

Related

• Wrongful termination laws by state
• Arizona at-will employment laws
• Arizona whistleblower laws
• Arizona workers' compensation laws
• Arizona severance pay laws

Disclaimer: This article provides general legal information about Arizona wrongful termination law (the Arizona Employment Protection Act, A.R.S. 23-1501 and 23-1502, the Arizona Civil Rights Act, A.R.S. 23-364 and related statutes) and the federal laws that apply in Arizona. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Arizona Attorney General's Civil Rights Division, the EEOC, a legal aid office or a lawyer licensed in Arizona.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Arizona?

Only in the situations A.R.S. 23-1501 lists: breach of a qualifying signed written contract, a firing that violates an Arizona statute, or retaliation for acts such as refusing to break Arizona law, reporting a violation, filing for workers' compensation or serving on a jury.

How long do I have to file a wrongful termination claim in Arizona?

Generally one year for wrongful termination damages and employment contract claims (A.R.S. 12-541). A discrimination charge with the Civil Rights Division is due within 180 days, and the lawsuit within one year after the charge (A.R.S. 41-1481).

Where do I file a discrimination complaint in Arizona?

With the Arizona Attorney General's Civil Rights Division within 180 days, or with the EEOC. The Attorney General says a charge filed with one agency is automatically filed with the other when both federal and state claims are available.

What is the EEOC deadline in Arizona?

The EEOC's Phoenix office says an individual usually has 300 days from the date of alleged harm for employers with 15 or more employees (20 or more for age). Charges against smaller employers go to the state agency within 180 days.

Does Arizona discrimination law cover small employers?

Mostly employers with 15 or more employees, but sexual harassment claims and retaliation for opposing it reach employers with one or more employees (A.R.S. 41-1461(7)(a)).

Does quitting count as being fired in Arizona?

Only under A.R.S. 23-1502: either outrageous conduct such as sexual assault or threats of violence, or intolerable conditions where the employee first gave written notice and allowed the employer 15 days to respond, unless the employer failed to give employees written notice of this rule (A.R.S. 23-1502(E)).

Is my Arizona employee handbook a contract?

Only if it expresses the intent that it is a contract of employment and expressly restricts the right to terminate, or the contract is signed as A.R.S. 23-1501(A)(2) requires. In Taylor v. Graham County Chamber of Commerce (2001), a manual that did not meet that test did not create a contract.

Can I be fired for being a medical marijuana cardholder in Arizona?

A.R.S. 36-2813(B) bars firing someone because of cardholder status or a positive test, unless the person used, possessed or was impaired by marijuana at work or during work hours, or a federal benefit exception applies.