Can you fire someone on workers comp?

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Short answer: Arizona is an at-will state, so an employer can generally terminate an employee who is on workers' compensation — but not *because* the employee exercised workers' compensation rights.

Arizona's public policy is that the employment relationship is severable at the pleasure of either party, unless both parties signed a written contract (or qualifying handbook provision) restricting termination . So being on workers' comp does not, by itself, make an employee immune from termination under the sources provided .

However, an employee has a claim against an employer if the employer terminated the employment relationship in retaliation for the exercise of rights under the workers' compensation statutes prescribed in chapter 6 of title 23 . This protection falls under the statute's list of prohibited retaliatory discharges .

A few limits on what these sources tell us:

- The sources do not specify what remedies apply to a retaliatory discharge based on exercising workers' compensation rights — the statute states generally that if the underlying statute provides a remedy, that remedy is exclusive, and if it does not, the employee may bring a tort claim for wrongful termination in violation of public policy . The provided sources do not state whether the workers' compensation chapter itself provides such a remedy.
- The sources do not address related issues that often arise in this situation, such as whether an employer must hold a job open during recovery, or obligations under disability or family-leave laws — those topics are not covered here, and federal law (e.g., the ADA or FMLA) may also apply, which is outside the scope of these Arizona sources.

Because the line between a lawful at-will termination and unlawful retaliation is fact-specific, consult a licensed Arizona attorney about your particular circumstances.