Terms Implied In Fact Employment Law Arizona
In Arizona, implied-in-fact terms may be found in an employer's policy statements regarding job security or employee disciplinary procedures, such as those contained in personnel manuals or memoranda. See, e.g., Leikvold v. Valley View Cmty Hosp., 141 Ariz. 544, 546, 688 P.2d 170, 172 (1984); Wagenseller v. Scottsdale Mem'l Hosp., 147 Ariz. 370, 375-76, 710 P.2d 1025, 1030-31 (1985).
Whether there is a promise of job security or certain disciplinary procedures implied-in-fact by an employer through its personnel manual or otherwise is a question of fact. Leikvold, 141 Ariz. at 548, 688 P.2d at 174 ("Evidence relevant to this factual decision includes the language used in the personnel manual as well as the employer's course of conduct and oral representations regarding it."); see also Wagenseller, 147 Ariz. at 383, 710 P.2d at 1038.
Generally, an employment contract of indefinite duration is terminable at will.
As such, either party may terminate the contract at any time for good cause or no cause without incurring any liability. Id. at 375, 710 P.2d at 1030.
It is undisputed that Roberson was not hired for a specific term, thus giving rise to a rebuttable presumption that his employment was terminable at will. See id. at 381, 710 P.2d at 1036.