Practice Areas - Employment

Benavidez Law Group, P.C., has a great deal of experience with employment related matters. The firm represents many private and municipal employers. For these clients who employ personnel, we have negotiated and drafted employment agreements, and prepared entire personnel policies and procedures. We have also defended various employment related claims and grievances. We would be happy to discuss your business’ needs and prepare any employment agreements or policies that you need. It could also save you and your business large sums of money to obtain advice from one of our attorneys before terminating any employee. There are many pitfalls which could be avoided by receiving legal counsel before you take action against an employee.

We have also represented many employees who have claims against their employers. We are experienced at the administrative personnel appeals process. We have also represented numerous employee clients through the civil service review process. If you believe that you have a claim against your employer, a meeting with one of our attorneys could help you understand and protect your rights.

Arizona’s Employment Protection Act A.R.S. 23-1501

The State Legislature has indicated that generally employer/employee relationships may be terminated by either the employer or employee at will. However, the Legislature has established that an employee may still file a claim against the employer for wrongful termination if:

1. The employer has violated a contract with the employee; or

2. The employer has terminated the employee in violation of a provision of state law, such as, the civil rights act, occupational safety and health act or the state’s provisions on hours of employment; or

3. The employer has terminated the employee in retaliation for something, such as, exercising his or her rights under the law, refusing to commit a violation of law, or reporting a violation of law by the employer; or

4. If a municipal or other governmental employer terminates an employee and the employee has a legal right to continued employment pursuant to law.

Arizona’s Constructive Discharge Act A.R.S. 23-1502

The State Legislature has indicated that sometimes a work environment can be so bad that an employee would be justified in quitting the employment and suing the employer for being constructively discharged. To establish a claim of constructive discharge the employee must have evidence that:

1. Shows objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, and the employee has given the employer 15 days’ written notice that the employee intends to resign because of these conditions, and the employer failed to respond to the employee’s concerns; or

2. Shows 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 types of conduct, if the conduct would cause a reasonable employee to feel compelled to resign.