Vague complaint about ‘dangerous conditions’ revives wrongful termination claim

The Arizona Employment Protection Act (AEPA) establishes a presumption of at-will employment status but notes that termination may be wrongful if the employer fires an employee because the employee discloses a reasonable belief that the employer is violating the Arizona constitution or statutes. What’s a sufficient disclosure that would show the employee engaged in protected activity under the AEPA?

Setting the scene

Jack Seballos was hired as a line electrician by Morenci Water and Electric (MWE). Soon after, he was promoted to electrical supervisor. After two years as a supervisor, and within weeks of receiving a positive performance evaluation for the prior year’s work, a coworker complained to management about him.

Following an investigation into the complaint, MWE fired Seballos for being disrespectful to employees he directly supervised, retaliating against an employee who reported concerns to HR, and putting production over safety.

Litigation ensued

Seballos sued MWE, alleging among other things that his termination was retaliatory under the AEPA because he had complained to upper management of “dangerous conditions” caused by MWE’s practices and was fired for these disclosures.