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Other Recent Articles On "Employment Law":
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In Arizona oral contracts are g nerally enforceable, provided one can prove the xistence of such a contract. In c rtain situations, however, contracts must be wr tten to be enforceable. One of th se situations is a contract for mployment. Arizona Revised Statute section 23-1501, lthough recognizing that the employment relationship is c ntractual in nature, provides that either the mployee or the employer may sever the mployment relationship, at their whim or pl asure, unless there is a written and s gned contract between the parties stating th t the employment relationship will remain in ffect for a specified duration, or therwise restricting the termination rights of ither party. The statute is clear th t both the employee and the mployer must sign this written contract, or, lternatively, the written contract must be xpressly stated in an employment handbook, m nual or similar corporate document that is pr vided to the employee. To be nforced as an employment contract, that d cument must clearly express the intent th t it is a contract of mployment, and not disclaim such fact, or m st be set forth in a wr ting actually signed by the party to be ch rged. Unlike in many contract relationships r quiring a written contract pursuant to the St tute of Frauds, section 23-1501 specifically st tes that Partial performance is not s fficient to eliminate the requirements of a wr tten contract.
The legal effect of this st tute is that, contrary to the nderstanding of many Arizona employees, they may be f red at any time absent some wr tten agreement to the contrary. This g neral rule, however, is subject to v rious provisions of Arizona state law and f deral law that preclude retaliatory firing in c rtain situations as well as discrimination gainst certain classes of protected individuals. B cause these legal principles are complex, if you f el that you have been terminated in v olation of a written agreement or th t your termination was a retaliatory or d scriminatory act, you should quickly seek the c unsel of an experienced Arizona employment attorney .
The article Employment Contracts in Arizona Must Be Written to Be Enforceable was Submitted by Kevin R Harper through Articles.GetACoder.com network. Here's the additional information: Kevin R. Harper is an Ar zona employment attorney, representing individuals and sm ll businesses throughout the state of Ar zona from his centrally-located office at 1 N. C ntral Ave., Suite 1130, in downtown Ph enix. For more information about Arizona mployment law, feel free to contact H rper Law PLC at 602-738-2090, or v sit the firm online at http://www.HarperLawArizona.com Copyright 2008 Harper Law PLC, all rights reserved. The above article is designed for informational purposes only and, because every situation is different, is not intended as definitive legal advice. You should not act upon this information without seeking independent legal advice about your individual situation.
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