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In AZ, a right to work state and an at-will employer. I want…

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In AZ, a right to...
In AZ, a right to work state and an at-will employer. I want to lay off a non-performer and hire someone in his place - although no productivity data is available to support claim - legal?
Submitted: 8 years ago.Category: Employment Law
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Answered in 4 minutes by:
6/15/2010
Employment Lawyer: AttorneyTom, Lawyer replied 8 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Employment Law
Satisfied Customers: 9,176
Experience: Attorney
Verified

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What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


Arizona employees are at-will employees unless there is a contract to the contrary. This means that an employee may typically be terminated for any reason at any time. However, Arizona recognizes all three exceptions to at-will employment. Essentially, this means that company policies can potentially create contracts with employees and that there is a duty of good faith and fair dealing in the employment relationship.

While terminating an employee for failure to perform is typically acceptable, it's important to understand that failure to show the employee wasn't performing may give an appearance that a duty of good faith and fair dealing was breached. Accordingly, because those two factors could expose the company to liability, you may find it prudent to have your attorney evaluate the details of any company policies and the circumstances of termination.

If you'd like to learn and read more about at-will employment and its exceptions, you can do so at the following link.
http://www.bls.gov/opub/mlr/2001/01/art1full.pdf

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Edited by T-USA on 6/15/2010 at 12:26 AM EST
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