12.2.3 Retaliation for Refusing to Violate Arizona Statute.

• Jurisdiction: Arizona

12.2.3 Retaliation for Refusing to Violate Arizona Statute. One of the protections given to employees under the AEPA is to be free from extortion in the workplace.²² The AEPA is designed to prevent employers from exacting fees, gratuities, commissions, kickbacks, or other forms of remuneration from employees as a condition of continuing employment or as a condition to obtaining employment in the first instance.²³ If an employer terminates an employee for refusing to be the victim of workplace extortion, then the employer can be subjected to a wrongful termination suit under the AEPA.

The AEPA treats public and non-public employees differently as it relates to retaliation for whistle blowing. An employer cannot retaliate against a non-public employee for refusing to violate an Arizona statute or the Arizona constitution. A.R.S. § 23-1501(3)(c)(ii) provides in pertinent part:

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

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c. The employer has terminated the employment relationship in retaliation for any of the following:

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(ii) The disclosure by the employee in a reasonable manner that the employee had 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 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 who has the authority to investigate the information provided by the...