Benjamin Barr

Wrongful Termination

Posted on May 08, 2006 | Author: Benjamin Barr
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In her 20th veto of the year, Governor Napolitano rejected commonsense limitations on when employees may sue former employers for wrongful termination. 

Arizona law is clear on the matter: wrongful termination suits must be brought within one year of termination.  But current judicial readings of the law let employees wait almost indefinitely until they “discover” an injury. Once they do, they have one year from that time to file suit. This reading essentially extends the statute of limitations indefinitely, requiring businesses to be on guard for years to defend against the possibility of future litigation.

The proposed legislation would have clarified the law for both employees and employers’"file your suit within one year of termination or the claims expire.  But with the governor’s veto, litigants may continue to wait, allowing for spurious claims years down the road.

The governor’s veto encourages questionable lawsuits and leaves Arizona businesses in legal limbo for years.

Benjamin Barr is a constitutional policy analyst with the Goldwater Institute Center for Constitutional Studies.

Key Links:

- East Valley Tribune: “Governor vetoes stricter time limits on termination suits”
-Arizona Revised Statutes, 12-541
-Arizona Senate Bill 1370  

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