§ 4.3.6.5.8 WRONGFUL TERMINATION CASES

• Jurisdiction: Arizona

§ 4.3.6.5.8 Wrongful Termination Cases. ERISA preemption has been a potential issue in wrongful termination cases since the state courts began to question the employment at will doctrine.¹³⁵ Although there is no discussion of ERISA preemption in the Ninth Circuit's opinion in Moore v. Home Insurance Co., it is relatively clear from the facts that there were significant ERISA preemption issues. Most of the ERISA preemption issues in wrongful termination cases arise in one of two categories: (1) where the plaintiff alleges a public policy violation and asserts that the termination was intended to achieve some improper savings on employee benefits; and (2) where employee benefits are a component of the remedies sought but are not alleged to be a factor in the decision leading to the termination itself.

Most courts have adopted a general rule that a wrongful termination will be preempted where the claimant alleges that the termination was motivated by a desire to prevent the employee from receiving employee benefits or in retaliation for taking action...