Employee Discipline: Arizona

Federal law and guidance on this subject should be reviewed together with this section.

Author: Paige A. Martin and Daniel Press, Kutak Rock LLP

Summary

• Arizona employers are generally free to discipline employees convicted of a crime. See Criminal Convictions.
• Arizona employers must ensure that their disciplinary policies and actions do not discriminate on the basis of characteristics protected by state and local law. See Discrimination.
• Arizona law allows employers to use either an employee's positive drug test or refusal to take a test as the basis for a range of disciplinary actions. See Drug and Alcohol Testing.
• Arizona law allows the use of marijuana. See Marijuana.
• Arizona employers must take care that any attempt at discipline does not constitute false imprisonment. See False Imprisonment.
• Arizona employers are prohibited from making certain types of threatening communications. See Threatening Communications.
• Arizona's Parking Lot Storage Law prohibits employers from disciplining an employee for possessing a firearm on business premises under certain circumstances. See Possession of Firearms in the Workplace.
• Under Arizona law, employers may request consumer reports for the purposes of conducting a credit check of existing employees. See Use of Consumer Reports.
• Arizona law prohibits employers from threatening employees in ways that would influence their political opinions, views or actions. See Off-Duty Behavior.
• An individual can be found guilty of a felony for intentionally intercepting a wire, electronic or other communication without either being party to the communication or having the consent of at least one of the parties involved. See Recording Meetings.
• Arizona law bars employers from disciplining employees in retaliation for actions relating to certain areas of law. See Retaliation.
• Arizona law contains special anti-retaliation provisions for public employers. See Retaliation; Public Employers.
• Arizona law protects employee whistleblowers who reveal employer violations of Arizona law. See Whistleblower Protections.
• Arizona employers should follow federal and state laws when investigating allegations of and disciplining employees for theft. See Theft.
• Flagstaff and Tucson have requirements pertaining to employee discipline. See Local Requirements.