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Questions Answered by Jessica Miller
1 Answer | Asked in Employment Law and Sexual Harassment for Arizona on
Q: Do I have a legal claim against my company?

Hello there,

I am an employee of a nursing home. I have been suxually assaulted multiple times by a resident in the home. I have brought it up to management and they laugh it off and still put me on the rotation for this resident. I have documented these incidents but it has not resolved... View More

Jessica Miller
Jessica Miller
answered on Oct 10, 2023

Employers can be liable to you for sexual harassment by a non-employee if they "know or should have known of the conduct, and fail to take immediate and appropriate corrective action." Appropriate corrective action could include removing you from the resident's rotation, or taking... View More

1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Arizona on
Q: While on short term disability diagnosis with cancer the company said they were separating me from the company.

I am 74 years old. I know I was released because of my health and age. Start date 7/20/15-9/20/23. This case is scheduled with the EEOC on 120/23. Can a company legally do this?

Jessica Miller
Jessica Miller
answered on Sep 14, 2023

It depends on the reason the company gave for your separation. If they told you that you were being released due to your health and age, then you may have a legal claim against them if you were still able to perform the essential functions of your position.

If they gave you a different...
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1 Answer | Asked in Small Claims and Employment Law for Arizona on
Q: My company is withdrawing money from my payroll without any notification is that legal

So I know this probably about 2 months ago $150 was being taken out and labeled miscellaneous and that has happened three or four more times since then now it's probably around the total around $600 this isn't the first time I've had discrepancies with my company I have multiple... View More

Jessica Miller
Jessica Miller
answered on Sep 14, 2023

Employers are limited with respect to items they are permitted to withhold from your paycheck. They are generally permitted to withhold certain taxes and benefits that you have agreed to. Otherwise, they are not permitted to withhold additional amounts without written authorization from you. In... 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
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.

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