Did you know that Arizona law protects employees from retaliation from their employers for reporting employers’ violations of the law?
The law is known as the Arizona Employment Protection Act (AEPA), and it provides that an employer violates the AEPA if an employee is terminated in retaliation for the following.
- The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state.
- 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.
- The exercise of rights under the workers' compensation statutes.
- Service on a jury.
- The exercise of voting rights.
- The exercise of free choice with respect to non-membership in a labor organization.
- Service in the national guard or armed forces.
- The exercise of the right to be free from the extortion of fees or gratuities as a condition of employment.
- The exercise of the right to be free from coercion to purchase goods or supplies from any person as a condition of employment.
- The exercise of a victim's right to leave work.
This article will focus on #2 above, which is also known as protection for Whistleblowers.
In order to be covered under the AEPA, the employee must disclose illegal conduct to the employer in a reasonable manner. For the employee’s protection, this ideally should be done in writing, or orally with a written summary of the reported violation being confirmed in writing such as email. This will document that the report was made so that it cannot be denied later by the employer. Once the report is made, the employee has performed the “protected act” necessary so that the employee is covered by the AEPA.
It is notable that to be covered under the AEPA, the employer does not have to have actually engaged in illegal conduct. The employee must only have a reasonable belief that the employer or one of its employees is violating the Arizona Constitution or laws of the state of Arizona. Therefore, if the employee’s information turns out to be incorrect, the employee is still protected from retaliatory termination so long as the employee reasonably believed there was a violation. This is to encourage employees to come forward if there is a reasonable concern that a law is being violated.
Another important point is that the whistleblower-employee must report the violation or suspected violation to a managerial or supervisory representative of the employer. In some cases, this can be Human Resources, or Internal Compliance, or another organization set up by the employer that would be responsible for investigating and taking action to correct any illegal conduct. The employer or management representative must be made known of the violation by the whistleblower in order to be protected under AEPA. Complaining to a co-worker or other non-management employee without the investigatory power or authority to correct the situation will not provide AEPA protection.
Once protected by the AEPA, an employer who terminates the whistleblower in retaliation for making the report can be held liable in court. A successful employee-whistleblower may recover back-pay, front-pay, benefits, and any other compensatory damages incurred because of the termination. In some egregious cases, punitive damages may also be awarded by the court. Further, a successful claimant will be awarded attorneys’ fees.
Remember that employers may not directly admit that they are firing a whistleblower for reporting illegal conduct or suspected illegal conduct. The employer may claim that the termination is for another reason that is not the true reason. This is known as a pretextual reason, but the false reason may be debunked with the help of an attorney.
You also may want to consult an attorney specializing in employment law prior to reporting the situation to your employer as the attorney may be able to provide guidance to assist you in protecting your rights.
As always, if you have any concerns about your rights as a whistleblower or are having difficulties with any other activity protected by the AEPA listed above, or you have been terminated in retaliation by your employer for reporting illegal or suspected illegal conduct, you should seek legal assistance.
When it comes to looking for legal help with any type of illegal employment discrimination, Weiler Law PLLC is here to help. Our team of attorneys understands the complexities involved in these cases and is dedicated to providing the best possible representation. We can work closely with you throughout the process to ensure that your rights are protected.