23-1501

23-1501. Severability of employment
relationships; protection from retaliatory discharges; exclusivity
of statutory remedies in employment

The public policy of this state is that:

1. The employment relationship is contractual in nature.

2. The employment relationship is severable at the pleasure of either the employee
or the employer unless both the employee and the employer have signed a written contract
to the contrary setting forth that the employment relationship shall remain in effect for
a specified duration of time or otherwise expressly restricting the right of either party
to terminate the employment relationship. Both the employee and the employer must sign
this written contract, or this written contract must be set forth in the employment
handbook or manual or any similar document distributed to the employee, if that document
expresses the intent that it is a contract of employment, or this written contract must
be set forth in a writing signed by the party to be charged. Partial performance of
employment shall not be deemed sufficient to eliminate the requirements set forth in this
paragraph. Nothing in this paragraph shall be construed to affect the rights of public
employees under the Constitution of Arizona and state and local laws of this state or the
rights of employees and employers as defined by a collective bargaining agreement.

3. An employee has a claim against an employer for termination of employment only
if one or more of the following circumstances have occurred:

(a) The employer has terminated the employment relationship of an employee in
breach of an employment contract, as set forth in paragraph 2 of this section, in which
case the remedies for the breach are limited to the remedies for a breach of contract.

(b) The employer has terminated the employment relationship of an employee in
violation of a statute of this state. If the statute provides a remedy to an employee
for a violation of the statute, the remedies provided to an employee for a violation of
the statute are the exclusive remedies for the violation of the statute or the public
policy set forth in or arising out of the statute, including the following:

(i) The civil rights act prescribed in title 41, chapter 9.

(ii) The occupational safety and health act prescribed in chapter 2, article 10 of
this title.

(iii) The statutes governing the hours of employment prescribed in chapter 2 of
this title.

(iv) The agricultural employment relations act prescribed in chapter 8, article 5
of this title.

All definitions and restrictions contained in the statute also apply to any civil action
based on a violation of the public policy arising out of the statute. 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.

(i) The refusal by the employee to commit an act or omission that would violate the
Constitution of Arizona or the statutes of this state.

(ii) 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.

(iii) The exercise of rights under the workers' compensation statutes prescribed in
chapter 6 of this title.

(iv) Service on a jury as protected by section 21-236.

(v) The exercise of voting rights as protected by section 16-1012.

(vi) The exercise of free choice with respect to nonmembership in a labor
organization as protected by section 23-1302.

(vii) Service in the national guard or armed forces as protected by sections 26-167
and 26-168.

(viii) The exercise of the right to be free from the extortion of fees or
gratuities as a condition of employment as protected by section 23-202.

(ix) The exercise of the right to be free from coercion to purchase goods or
supplies from any particular person as a condition of employment as protected by section
23-203.

(x) The exercise of a victim's leaves right as provided in sections 8-420 and
13-4439.

(d) In the case of a public employee, if the employee has a right to continued
employment under the United States Constitution, the Arizona Constitution, Arizona
Revised Statutes, any applicable regulation, policy, practice, or contract of the state,
any subdivision of the state or other public entity, or any ordinance of any political
subdivision of the state.