The bill delineates specific circumstances under which an employee may bring forth a claim against an employer for wrongful termination. This includes instances where an employment contract has been breached or terminated in violation of specific state statutes. If any statute provides a defined remedy, it is designated as the exclusive right for the employee, limiting the avenues for civil litigation. Consequently, this could streamline legal proceedings for employment disputes but may also constrain employee rights in certain contexts.
Summary
SB1619, titled 'Employment Relationships; Remedies', seeks to amend section 23-1501 of the Arizona Revised Statutes. The bill establishes that the employment relationship is fundamentally contractual and can be terminated at the discretion of either the employee or employer, unless a written contract specifies otherwise. This provision emphasizes the significance of formal agreements in employment relationships, underlining that partial performance does not negate the need for a written contract. It also protects public employees' rights as defined by local and federal laws.
Contention
A notable point of contention surrounding SB1619 is its effect on employee protections against retaliatory discharges. The bill allows claims for wrongful termination to be brought under a variety of protections, such as refusal to engage in unlawful acts or protections under workers' compensation laws. Critics of the bill may argue that by restricting claims only to those defined by the statute, employees may lose out on broader protections that existed under common law, leading to fewer avenues for recourse in cases of unjust termination.