Open Dialogue: Arizona

This Open Dialogue policy applies to employees in Arizona under Arizona's constructive discharge notice law (A.R.S. 23-1502), which generally requires employees to give written notice and an opportunity to address allegedly intolerable working conditions before resigning if they want to preserve certain constructive discharge claims. Your goal is to make it easy for employees to speak up early, route concerns to the right people, and document the notice-and-response process in a way that supports a respectful workplace and reduces avoidable resignations and legal risk.

The History Behind Open Dialogue Policies in Arizona

Open Dialogue policies aim to solve a very specific Employee Relations problem in Arizona: employees resigning, then suing and saying the job became so unbearable that they had no real choice. Courts call that theory "constructive discharge," and it can turn a resignation into something that looks a lot like a termination for liability purposes. Arizona lawmakers responded by putting a procedural gate in front of many constructive discharge claims, so employers get a fair shot at fixing the issue before it becomes a lawsuit.

That gate is ARS § 23-1502, which generally requires an employee who plans to claim constructive discharge based on "intolerable working conditions" to give written notice and allow up to 15 calendar days for the employer to respond before resigning, with limited exceptions for especially serious conduct. Once that rule existed, employers started formalizing how employees should raise these concerns and how HR should track the notice-and-response timeline, because missing the window can turn a manageable workplace issue into expensive litigation.

Which Law is the Open Dialogue Policy Meant to Comply With?

If you create and distribute an Open Dialogue Policy for your Arizona-based employees, it is in an effort to comply with Arizona's A.R.S. 23-1502.

How to Write an Arizona-Specific Open Dialogue Policy

• Start with "why" and introduce the concept, encourage employees to raise workplace concerns early to prevent escalation.
• Explain that Arizona employees must give written notice when they believe working conditions are intolerable and may force resignation, to preserve certain legal rights.
• State that written notice may require a waiting period before resignation, and note that leave may be available while your organization reviews and responds.
• Direct employees to use your Open Door reporting process to submit concerns.
• Include a clear point of contact for questions about the process.

When to Include this Policy in Your Employee Handbook

If you have employees in Arizona and you do not have a similar policy that is available for all US employees, you should include this policy in your employee handbook for Arizona-based employees. 

23-1502 (E) states: 

An employer shall be deemed to have waived the right to notice under subsection A, paragraph 1 if the employer fails to provide written notice to its employees of the requirements of this section as follows:
 

1. Notice by the employer under this section shall be provided by the posting of a notice, substantially in the form set forth in paragraph 2 of this subsection, in conspicuous places on the employer's premises where notices to employees are customarily posted, by including substantially similar language in an employment handbook or policy manual that is distributed to employees or by including the notice in a written communication that is provided to employees.
    
2. A notice that is substantially in the following form satisfies the notice requirements of this section:

 

Notice

 

An Employee is encouraged to communicate to the employer whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. Under section 23-1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the employer in writing that a working condition exists that the employee believes is intolerable, that will compel the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right to bring a claim against the employer alleging that the working condition forced the employee to resign.

 

Under the law, an employee may be required to wait for fifteen calendar days after providing written notice before the employee may resign if the employee desires to preserve the right to bring a constructive discharge claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen calendar days while waiting for the employer to respond to the employee's written communication about the employee's working condition.

Your employee handbook qualifies. 

Other Considerations

The law applies to Arizona employers who have at least 1 employee in the US.

Exceptions

None.