Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Arizona on
Q: Can my employer make me work 45 hours a week and not pay overtime because they consider 1 hour of work a day paid lunch?

No real break is given. I clock in and work 9 hours and then clock out.

Jason Barrat
Jason Barrat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

This will depend on your correct classification as an exempt or non-exempt employee. The business also must be covered as an employer under the FLSA which in some cases only require them to gross $500,000 in revenue per calendar year. If you are a non-exempt employee and you don't take a... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: Is this considered employment disability discrimination and could I get emotional stress damages?

I worked in a govt job for 18 yrs. My position had specialties w/differing locations, hours, perks but same title/pay. I got diagnosed w/cancer & took a 2 mo leave for major surgery. On leave, my supervisor contacted me to say I should take a new specialty to help me w/my condition (unit w/more... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

Based on the details you've provided, this situation could potentially be considered employment discrimination under the Americans with Disabilities Act (ADA). If your employer made decisions about your employment based on assumptions about your medical condition without engaging in the... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Small Claims for Arizona on
Q: my boss refused to give me my check untill i convinced someone to take money instead of sueing him

it was alleged that i was in a fender bender in A company truck. the other party would like to contact our insurance and make a claim. when payday came my boss told me that i had to go convince this other party to take a money bribe and not call his insurance, well i did not do that so he kept my... View More

John Michael Frick
John Michael Frick
answered on Nov 1, 2023

No, he can’t force you to bribe someone as he learned according to the facts stated in your question.

1 Answer | Asked in Employment Discrimination and Employment Law for Arizona on
Q: Is it legally to transfer position on employee and then transfer my location with a student i never worked with before

Out sick. I believe this retaliation from being out sick.

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

Sometimes a position transfer can be considered an adverse employment action, for example when a financial officer is demoted to a janitorial position. This is a very fact intensive inquiry, and there is not enough information in the question.

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Arizona on
Q: what should I do if I got sexually harassed at work by a coworker & management hasn't done anything about the incident?

this happened a week ago 09/08/2023 and I have not received a follow up about the situation, not report has been asked for me to file at work and I've just been told nothing can be done because he already quit. I don't feel like anything has been done about the station and an employee for... View More

Joel Friedman
Joel Friedman
answered on Sep 15, 2023

Good morning, sorry to hear about the situation at work and at least the person who was harassing you is gone. I'm a workers' compensation attorney and this question should be answered by an employment lawyer. You might want to try reposting your inquiry and limit it to employment and... View More

1 Answer | Asked in Employment Law for Arizona on
Q: I am constantly being called names by my boss referring to my age in front of coworkers. What is this called?

Is it slander, harassment or discrimination?

Jessica Miller
Jessica Miller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

Depending on the nature and severity of the comments, it may be a violation of the Age Discrimination in Employment Act if you are over the age of 40.

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Can a former employer send a copy of a child support wage order to a family member via text without consent ?

former employee has not been employed by the former employer for a year. The sister did not request to see the wage order. The employer sent it to prove he wasn't responsible for being the cause of another legal matter. Was this legal and if not what would be the be coarse of action for the... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

A child support wage withholding order is a public record. A former employee has no reasonable expectation of privacy with respect to a former employer disseminating a public record without the employee’s consent as such consent is not required.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for Arizona on
Q: Can you help with some legal advise on what I need to do next?

I worked for a company at the beginning of the year who while working for them. I had to pay a monthly subscription to a software called CRM. I stopped working with them back in April and found I was still being charged for the software. I contacted the owner of the company and advise them via text... View More

Joel Friedman
Joel Friedman
answered on Sep 3, 2023

You are in one incorrect legal area, this is not about a work injury and is not a workers' compensation issue. You should limit your inquiry to employment and business law

1 Answer | Asked in Employment Law, Workers' Compensation, Legal Malpractice and Sexual Harassment for Arizona on
Q: COULD I TAKE LEGAL ACTION?

Good afternoon,

I recently resigned after countless emails to HR, my supervisor, Lead, and management about a co-worker that made some inappropriate comments towards me and after I didn't reciprocate he told other co-workers I was "hard to work with" some comments he made... View More

Joel Friedman
Joel Friedman
answered on Aug 3, 2023

This would not be a workers compensation question and you should focus on finding and answer from an employment law attorney.

1 Answer | Asked in Employment Law for Arizona on
Q: Can management threaten to decrease your hours is you use paid time off to leave early or call out of work?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023

In Arizona, employment laws aim to protect workers' rights and prevent unfair treatment in the workplace. When it comes to using paid time off (PTO) or taking sick leave, employers generally cannot retaliate against employees for exercising their rights.

1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Arizona on
Q: Do I have to provide a healthcare provider's recommendation for reasonable accommodation if asked for by my employer?

Currently requesting an ADA accommodation due to my high anxiety working in office at my workplace. I am diagnosed with Bipolar 1 and have had a history of anxiety. I let my company know about my disability; however, to approve the request, I am required to provide proof of disability and... View More

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Anxiety can be, but is not necessarily, a disability under the ADA. It must interfere with major life activities like eating, walking, dressing, etc to be considered a disability.

The employer has the right to request documentation.

1 Answer | Asked in Employment Law for Arizona on
Q: Hi, I am trying to find out if I am legally entitled to get a copy of my employment record from a previous employer.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 28, 2023

There are no federal laws that require employers to produce copies of your employment record, either during or after your employment has concluded.

1 Answer | Asked in Employment Law for Arizona on
Q: The company I work for has bought the office directly below our current lab. The move is coming up

The manager is talking about mandatory OT over the weekend to move everything downstairs.

I work as a lab employee, not part of a moving company. I am not a fan of mandatory OT let alone doing something that has never been my job here before and won't be again.

Is this... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 12, 2022

Yes. As long as you are properly compensated for your time spent doing this work, your employer can require its employees to work additional hours to execute the move.

1 Answer | Asked in Employment Discrimination and Employment Law for Arizona on
Q: I was "stood down" by my employer do to my mental health. Now they are threatening to enforce the attendance policy.

Please tell me how to proceed? Especially if they do not wish to say anything via email.

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 6, 2022

More information is needed to answer your question. You should contact an Arizona employment attorney to discuss your situation in greater detail, because disability-related issues are highly fact dependent.

1 Answer | Asked in Employment Law for Arizona on
Q: I was terminated from this organization today. Should they pay me within 7 days or can they wait till the pay period?

I was terminated today (07/12/2022) They want to give me my last paycheck on 07/22/2022

They sent an email telling me I was terminated and why and the pay date

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 12, 2022

It is permissible for the employer to wait until your next scheduled pay period to pay you in this situation.

1 Answer | Asked in Business Law, Tax Law and Employment Law for Arizona on
Q: Have I been misclassified as independent contractor ? I have been running a business for someone for 8 yrs .

I only receive commission & 1099. I am asking for reimbursement for all necessary spending & maintenance costs as I’m out of pocket for all. I have had no time off, no health care , no overtime tho I am solely responsible for the business . I sign all client contracts as rep for... View More

Rebecca Hill
Rebecca Hill
answered on Apr 26, 2022

You should call and attorney and request a case evaluation. Whether a 1099 independent contractor is misclassified is a fact specific analysis based on a number of factors.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Immigration Law for Arizona on
Q: Do judges ever require ppl to demonstrate he or she is trying to better themselves by learning something? Is it common?

If so, for a someone who doesn't speak English or doesn't speak really well, would working on learning the language demonstrate good faith? Perhaps as a means to finding more work opportunity, for example.

Kevin L Dixler
Kevin L Dixler
answered on Apr 8, 2022

In general, No! Judges must focus primarily on the requirements for an immigration benefit. Also, whether a foreigner meets at least those requirements.

Note that for other immigration benefits, outside of the immigration court, it depends upon for what purpose. For example, a person who...
View More

1 Answer | Asked in Employment Law for Arizona on
Q: I'm currently work from home, a company sent me an offer agreement, I signed all the paperwork

I signed all of the paperwork, sent it back to them, started working, but never got a copy of it with their signature on it. I ended up quitting because it wasn't anything like I thought it would be. Now i'm having problems getting paid for the time I did work. I worked from home, so... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2022

If you performed work for the company, then you should be paid for it, regardless of whether you have a copy of your offer letter. You should discuss your situation with an Arizona employment attorney.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Arizona on
Q: What lawyer would I need if iv been denied for my invoice by fiduciary of ex employer due to lack of detailed services?

Denied my 1509hrs of 24hr in home care giving for my ex employer sum of $24,304.00 invoiced to the fiduciary. And denied due to (if is discrimination ) for I am now relationship with ex employers daughter that the fiduciary is now suing and is malicious and only acts through Ill will and now denies... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. What kind of lawyer do you need? Of the categories you chose, an employment attorney might be a logical starting point. The other two categories you posted under, Employment Discrimination and Personal Injury, do not... View More

1 Answer | Asked in Employment Law for Arizona on
Q: Is it legal in the state of Arizona and working for a town , for them to use my sick leave without my concent .

Boss new it was happening ahead of time. Told them he thought I did not want to use it due to possible surgery. They did not call me. In Az does any form of consent matter .verbal , written, digital?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 23, 2022

There are no federal laws that require employers to offer any form of paid time off, so if your employer does offer this benefit, it can offer it on its own terms. This means that if you are out of work for any reason, your employer can require you to used any paid time off you've accrued... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.