The answer to this question is "yes and no." Indeed, Arizona is one of a number of "right to work" states. Thishas nothing to do with whether an employer can fire an employee for a particular reason. It simply means that Arizona has a state law forbidding an employer from agreeing that union membership will be required of its employees. People often confuse the term "right to work" with "at will" employment. Arizona, along with every other state except Montana, recognizes the presumption that people who are working in the private sector for an indeterminate period can be terminated at the will of the employer, with or without cause.

• I didn't get my last paycheck. What can I do about it?

• I heard about a wrongful discharge case where someone got a million dollars. Can I do that?

Occasionally a jury will award a substantial amount of money to a wrongfully discharged or harrassed employee. This is quite unusual, and requires a strong case in which the employee can present evidence of very serious damages, such as the complete destruction of a career, severe emotional distress to the point that medical and even hospital care was required, or something far worse than mere insult, loss of earnings and general unfair treatment. Many employment lawsuits are dismissed before they get to trial, and many are settled for relatively modest amounts. It takes an experienced attorney to evaluate the facts of each case to determine whether the amount of damages recoverable is worth the difficulty and expense of a lawsuit.

• My union won't help me. What can I do?

When an employee is represented by a union, that union is considered the employee's exclusive representative for disputes with the employer arising out of the collective bargaining agreement (union contract). This does not preclude an employee from asserting a claim not arising out of the CBA, such as a discrimination claim. If the union refuses to fairly represent the employee in grieving a violation of the CBA, the employer can file a private suit against the employer, but must first sue the union and prove that the union failed to make any reasonable effort to fairly represent the employee. The burden of proof on the employee is very heavy in such a case, and even a minimal effort by the union to represent the employee will usually defeat such a suit. 

• How long does it take to sue your employer?

• Is there a statute of limitations on an bringing an employment claim?

There are numerous statutes of limitations that apply to different kinds of employment claims. Some are as short as 90 or 180 days, while others are as long as six years. Some cases can have four or five different time limits and deadlines that apply to the same facts. The general rule is that it is best to begin pursuing your claim as soon as possible, both to avoid statutes of limitations and to preserve evidence and witness's recollections from being lost with the passage of time.

• My employer fired me for no reason at all. Can they do that?

The simple answer to this question is "maybe." Most employers in the private sector try to preserve the right to terminate employment at will, and this concept is recognized by most states. However, no employer terminates an employee for no reason at all, and it is extremely important to consider whether the actual reason for the termination is legitimate, arbitrary or downright unlawful. Since arbitrary and unlawful reasons for termination are not generally made known to the employee, one of the most difficult tasks an attorney has in representing a terminated employee is determining what the actual reason for termination was, and whether that reason gives the employee any legal recourse.

• How can I get to see my personnel file?

Although certain records, such as payroll and medical information, must be kept in accordance with certain laws, generally there is no law that requires an employer to keep a personnel file or defines what must be included. Most employers maintain certain records , such as disciplinary and performance records, for their own use and protection. Employers' policies vary greatly when it comes to sharing those records with employees. Some employers allow free access to such records, including copying anything in the file. Some allow employees to view but not copy such records. Some require that the records be reviewed only in the presence of a human resource representative. Some don't allow access at all except when required by law. The simple answer to the question is "Ask politely. The worst that can happen is they'll say no."

The EEOC concludes every charge it processes with the issuance of a "right to sue" letter, except when the EEOC itself decides to file a lawsuit. The purpose of this letter is to let the court know that the EEOC has finished its job, and to calculate the 90 day time limit for the filing of the lawsuit. The only thing from the EEOC that tells you you "have a case" (that is, a strong case) is a document known as a "cause determination." It is a brief statement of the facts found by the EEOC's investigation, along with its legal reason for believing that discrimination occurred. It is only issued in a small percentage of cases, but it is admissible evidence in any subsequent lawsuit.

• Do you specialize in employment law?

The State Bar of Arizona, like most states, recognizes certain specialty areas and certifies attorneys who qualify to be called specialists in those areas. Although it has been debated for years now, the State Bar Section of Labor & Employment Law has not chosen to have employment law recognized as a certified specialty. Ethical rules prohibit a lawyer from holding himself out as a specialist except when certified in a recognized area of specialization. So, although my practice is almost exclusively devoted to employment law and related matters, I am not a specialist.

• What is the difference between labor law and employment law?

The term "labor law" has generally been used to refer to that area of practice that deals with the relationship between management and organized labor, as governed by federal labor laws, including the National Labor Relations Act and the Railway Labor Act, or the workforce as a whole, as governed by such laws as the Fair Labor Standards Act and the Family and Medical Leave Act. "Employment law" is a term that generally refers to the relationship between individual employees and their employers, as governed by a variety of statutory laws that prohibit discrimination and the common law that prohibits "wrongful discharge." In Arizona, much of the traditional labor law practice is the domain of a relatively few attorneys who represent the prominent labor unions and the management attorneys who oppose them. Employment law is practiced by a variety of attorneys, many of whom represent employees while also practicing in other areas. On the employer's side, many attorneys who represent businesses, both large and small, in all kinds of business matters, find themselves dealing with employment law issues even if their clients have never had any kind of traditional labor-management disputes.

• How much does it cost to sue your employer?

It costs a lot. Fee arrangements vary from one attorney to another, but most experienced employment attorneys are reluctant to take cases on contingent fee arrangements. Even when they agree to a contingent attorney fee, most attorneys expect the client to pay the costs of the lawsuit as they are incurred. These costs can include substantial amounts for depositions and expert witnesses, as well as smaller amounts for process server and witness fees, copies of records and various administrative expenses that keep adding up. Expenses alone can add up to thousands of dollars before the lawyer gets paid anything. In the meantime, employers struggle with the cost of defense attorneys, who always expect to be paid regardless of the outcome. Some employers believe that the cost of vigorously defending a case is a necessary expense to discourage others from filing lawsuits. Some believe that a case can be won by wearing down the employee with expense and delay. Some employers believe that they should vigorously defend the actions of their managers, regardless of the strength of the employee's claim. For all these reasons, employment lawsuits seldom result in quick settlements, and often cost both employers and employees more than either can afford.

• I got fired from a big company. Where can I find a lawyer who isn't afraid to go after them?

The size of an employer is seldom a concern for a competent employment attorney with a good case. If anything, most attorneys would prefer to sue bigger employers rather than small ones. Big employers tend to have more separation between the supervisor who fires or mistreats an employee and the person responsible for deciding what the company's position will be. This can sometimes lead to a more objective assessment by the employer and perhaps more reasonable settlement negotiations. Small employers often do not have the resources to simply settle a case, and may defend in a desperate attempt to avoid financial devastation. A lawsuit that puts a small employer into bankruptcy doesn't do much for either the employer or the employee. Although big employers sometimes employ what one jurist referred to as a "little army of attorneys," only one of them can speak at a time, and judges often lose patience with oppressive tactics mounted by large law firms representing huge corporations. When David and Goliath square off in front of a jury, large size is not an advantage. The key is the strength of your case, not the size of your opponent.