§ 6.9.2.1 STATUTE OF LIMITATIONS FOR PUBLIC EMPLOYEES.

• Jurisdiction: Arizona

§ 6.9.2.1 Statute of Limitations for Public Employees. A complaint by most public sector employees must be filed with the applicable board or personnel board within 10 days of the effective date of the action taken against the employee.⁶

A public employee may also have the right to file an action in superior court for injunctive relief, but the issue has not been clearly decided⁷. If a direct action is filed, then it may⁸ require compliance with the 180-day notice-of-claim requirement⁹ and must be brought within one year¹⁰.

If an employee does choose to contest a termination through a merit system procedure, the employee should be aware that the courts have accepted the resulting decision as a final agency determination with res judicata consequences.¹¹

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Notes:

^[6] A.R.S. § 38-532(H).

^[7] In Walters v. Maricopa Cty., 195 Ariz. 476, 990 P.2d 677 (App. 1999) (rev. denied) a state public sector employee...