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Arizona Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Does an at will employee terminated prior to a retroactive profit sharing plan being put in place have a viable claim?

Said employee has nearly 5 years of service, compared to other employees only having 1 year or less

0 Answers | Asked in Employment Discrimination and Employment Law for Arizona on
Q: Can my boss write me up for calling out on work comp (WC) & LD terms say "provide doc’s note to excuse absence" & I do?

Hit by another truck while in my work truck. Caught on dash cam and 0% at fault. Had to go outside workers comp to find out what actually was wrong with me as it took over two months to figure out I had SI Joint disfunction from the accident. WC Doc never put all my symptoms down & just told me... View More

0 Answers | Asked in Employment Law for Arizona on
Q: As a candidate for a position, do I have a right to assessment results I have been asked to complete?

I completed 4 assessments as part of a candidate experience. I was told the employer was putting together an offer. I completed the assessments and was then told they decided to go a different direction, no other feedback. I requested the results from the assessments and was denied.

0 Answers | Asked in Employment Law for Arizona on
Q: Is there a required notification period that I have to give my employer if I plan to retire. I am in AZ.

I have worked for my employer for over 26 years. I do not have an employment contract. I have not found in any of the company's policies where a notification must be given, for example 6 months before retirement date. I am not an executive. I am an individual contributor. My intent is to do... View More

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Will a workplace injunction in Arizona show up on someone’s background check after it expires?

If it is permanent, is there a way to remove it after it expires?

James L. Arrasmith
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answered on Apr 10, 2024

In Arizona, a workplace injunction (also known as an order of protection or restraining order) is a legal order issued by a court to protect an individual from harassment, threats, or violence in the workplace. The duration of the injunction can vary, but it is typically granted for a specific... View More

0 Answers | Asked in Employment Law for Arizona on
Q: I was wondering how Arizona wages work for mortuary employees. My bf drives a van picking up the recently deceased.

He works 12 hr. shifts 5 days per week. He does not receive an hourly wage. He does not receive overtime pay. The pay structure is as follows:

$25.00 per body

$22.50 if he is the secondary assisting

mileage is only paid if there is a body in the vehicle and only if they have... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Arizona is a right to work state but how far does that extend can anything be done to protect my dad’s job

My dad has been working in tech for almost 25ish years he is a veteran and has recently had hip issues and needs a replacement he has his surgery tomorrow and has till Monday to except or deny a severance package

Joel Friedman
Joel Friedman
answered on Mar 20, 2024

Your question hopefully will be answered by an employment law attorney, because it is not a workers' compensation issue unless your father's hip problems are the result of a work injury (accident or repetitive activities). I am not an employment lawyer but I generally tell my work injury... View More

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

T. Augustus Claus
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answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: I am a pro se litigant in a case for discrimination offered to ask for a settlement how much should I say% of the total

Terminated from falsified docs and have a right to sue from EEOC

James L. Arrasmith
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answered on Jan 30, 2024

When considering a settlement offer for a discrimination case, it's important to assess various factors. The percentage you should propose depends on the specific details of your case, such as the strength of your evidence, the damages you've suffered, and the potential risks and costs of... View More

1 Answer | Asked in Employment Law for Arizona on
Q: Can my husband be discriminated against and NOT HIRED by a company because his wife was fired from the same company?
James L. Arrasmith
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answered on Jan 28, 2024

In general, employment decisions should not be based on an applicant's relationship to a current or former employee. However, the specific laws and regulations governing employment practices can vary depending on the state and the specifics of the situation.

In Arizona, employment is...
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1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for Arizona on
Q: I am a Limo driver. And in between jobs,I take my vehicle home. My Employer does not want me to do that!

My Employer wants me to remain in the vehicle. But will not pay me for the time that I am in between jobs. Which I feel that I am in my "FREE" time to go home till I need to go back out for my next job. Is that illegal?

James L. Arrasmith
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answered on Jan 26, 2024

It is generally legal for an employer to require employees to remain in company vehicles in between jobs or tasks, even if the employee is not being paid during that time. Under both federal and Arizona law, travel time is only considered compensable work time under certain circumstances.... 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
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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.

2 Answers | Asked in Employment Law and Immigration Law for Arizona on
Q: If my employees DACA renewal has been approved, are they allowed to work before the new EAD card is received?
T. Augustus Claus
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answered on Oct 13, 2023

Yes, DACA recipients can continue to work until their new EAD card arrives, as long as they have a valid DACA approval notice and a valid I-765 receipt notice. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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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 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
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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 Employment Law and Immigration Law for Arizona on
Q: Can I still get automatic extension if I sent my work permit renewal the same day it expires?

I sent it on the same day and got the receipt 3 days later with the receipt saying it arrived to them 3 days later

James L. Arrasmith
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answered on Sep 21, 2023

If your work permit renewal application was received by USCIS on the same day your previous permit expired, and you have a receipt notice as evidence, you may still be eligible for the automatic extension of your work authorization for up to 180 days while your renewal is pending. It's... View More

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
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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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