Doyle Dennis LLP represents employees in Arizona who have been terminated because they made a protected report of a violation of Arizona law.
Who is protected?
Under Arizona law, any employee is protected under the does Arizona Employment Protection Act (AEPA), which is the exclusive remedy for wrongful discharge claims.
What is protected?
Arizona law protects employees who either refuse to engage in illegal conduct or report illegal activity. Specifically, an employee is protected for:
— Refusing to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state;
— Disclosing 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 preventative action.
Notably, these protections only apply to violations of Arizona law, as opposed to a violation of a federal law or municipal code.
What is the deadline to file a claim?
It is likely that an Arizona whistleblower claim is governed by a 1-year statute of limitations.
What other laws may apply?
In addition to Arizona law, various federal laws could apply, which protect whistleblowers, including Sarbanes-Oxley, Dodd-Frank, the False Claims Act, the Fair Labors Standards Act, Surface Transportation Assistance Act, the Seaman Protection Act, the Pipeline Safety Improvement Act, the Consumer Product Safety Improvement Act, Federal Railroad Safety Act, The Energy Reorganization Act (ERA) of 1974, Moving Ahead for Progress in the 21st Century, the National Transit Systems Security Act of 2007, the Federal Food, Drug, and Cosmetic Act, The Consumer Financial Protection Act, the Department of Defense Authorization Act of 1987, the Anti-Money Laundering Act, The Criminal Antitrust Anti-Retaliation Act, or the Tax Payers First Act