Although not argued by Rocket Mortgage, Arizona Revised Statute § 23-1501(B) bars such a claim in the first place and is not actionable. See, e.g., Archer v. Partners in Recovery LLC, No. CV-18-01885-PHX-DWL, 2019 WL 3253175, at *2-3 (D. Ariz. July 19, 2019) (finding that an AEPA claim premised on ACRA violations is not actionable as a separate claim); Guernsey, 2023 WL 5348567, at *3-4 (finding § 23-1501(B) barred plaintiff's AEPA retaliation claim under Ariz. Rev. Stat. § 23-1501(A)(3)(c)(ii) because it was premised on Arizona's Fair Wages Act, which contains its own remedies for violations); Baker v. Walgreens Ariz. Drug Co., No. CV-15-00342-PHX-JAT, 2016 WL 3181683, at *3 (D. Ariz. June 8, 2016), aff'd, 691 Fed.Appx. 861 (9th Cir. 2017) (finding AEPA claims premised on ACRA claims are not actionable).

Reading the Complaint broadly to include a “negligent investigation” claim also fails under Arizona law. See Archer v. Partners in Recovery LLC, No. CV-18-01885-PHX-DWL, 2019 WL 3253175, at *3 (D. Ariz. July 19, 2019) (finding that there is no negligent investigation claim under Arizona law). In short, Plaintiffs' Complaint fails to provide allegations that meet any state law requirements.

As the Court explained in its October 6, 2020 order (Doc. 36), Arizona does not recognize a common law negligent investigation, hiring, retention, or supervision cause of action brought by an employee against an employer. Thorp v. Home Health Agency-Az., Inc., 941 F. Supp. 2d 1138, 1143 (D. Ariz. 2013); Archer v. Partners in Recovery LLC, No. CV-18-01885-PHX-DWL, 2019 WL 3253175, at *3 (D. Ariz. July 19, 2019); Mosakowski v. PSS World Med., Inc., 329 F. Supp. 2d 1112, 1131 (D. Ariz. 2003); Irvin Investors, Inc. v. Sup. Ct. Cty. of Maricopa, 800 P.2d 979 (Ariz. Ct. App. 1990).

Arizona does not recognize a common law negligent investigation, hiring, retention, or supervision cause of action brought by an employee against an employer. Thorp v. Home Health Agency-Az., Inc., 941 F. Supp. 2d 1138, 1143 (D. Ariz. 2013); Archer v. Partners in Recovery LLC, No. CV-18-01885-PHX-DWL, 2019 WL 3253175, at *3 (D. Ariz. July 19, 2019); Mosakowski v. PSS World Med, Inc., 329 F. Supp. 2d 1112, 1131 (D. Ariz. 2003); Irvin Investors, Inc. v. Sup. Ct. Cty. of Maricopa, 800 P.2d 979 (Ariz. Ct. App. 1990).