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Arizona Employment Law Questions & Answers
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 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
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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 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
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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.

2 Answers | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Arizona on
Q: Is social security disability protected through ADA?

I have a friend who files for disability through social security. She is 63 years old and has chronic pain and health problems. She is making the lowest wage in a small business and is continuously discriminated through the company. She is harassed about not being able to use technology as well as... View More

James L. Arrasmith
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answered on Aug 6, 2023

The Americans with Disabilities Act (ADA) does provide protection against discrimination for individuals with disabilities, and this may include those receiving Social Security Disability benefits. Your friend may be able to take legal action if she believes she has been discriminated against due... View More

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1 Answer | Asked in Personal Injury, Public Benefits and Employment Law for Arizona on
Q: I'm getting surgery due to injury not on the job and don't have much PTO. Can I receive compensation while recovering?

I currently work in Arizona for a non-profit and have not been employed with this company for 12 months. I will be out of work for a minimum of 6 weeks and should fully recover in 12 weeks. Can I apply for anything to compensate for my bills after the surgery that did not occur on the job?

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. This is something that an employment law attorney would know best, in terms of PTO or leave programs, or the applicable policies of your employer. Some questions remain unanswered on this forum, but you could... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: If my position paid over min before the increase in January and now I'm only making min, is that legal

Also note my coworkers that hold same position, but for less time , may it be in general or only at my location, and that have more complaints and refunds and money missing and things on their shifts that I don't have happen, are all making more than me and they are all under 25, and I am a... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

Unless you have evidence that the specific reason you are being paid less than your younger co-workers is your age, you probably don’t have a valid claim for unlawful employment discrimination under the facts stated in your question.

It is lawful not to increase the wage rate of a worker...
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1 Answer | Asked in Employment Law for Arizona on
Q: Demoted 2 dollars and taken off daily pay know houy pay
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

And your question is? Is this legal? Yes, most states have "at will" employment unless there is a written agreement to the contrary, this means the employer can terminate your employment at any time without any reason, except for having an illegal reason. So effectively you are... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Can my employer place me from a Licensed Practical Nurse to a Certified Nurses Assistant full time?

I am an LPN at a company where a CNA quit and I was told that I will now work full-time as a CNA to make up the gap. I reached out, had a meeting with my direct supervisor, and sent an email with my regional manager asking if this is a permanent roll and they will not say if it is or not as they... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2023

There is not anything inherently unlawful about your employer's actions in switching you to a different job. If, however, you believe your employer is intending to force your resignation based on a protected class characteristic (race, sex, age, disability, religion, veteran status), then you... View More

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 Personal Injury, Libel & Slander and Employment Law for Arizona on
Q: Hello, I need to know if I have a conflict of interest and if I can sue for defamation.

I used to work for a company that had a data breach last year. I have extensive knowledge of the processed areas available on their servers. They didnt report the breach properly and it is understated to the public. I feel I should help a class action lawsuit with this. My information was... View More

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Defamation generally involves a false statement that results in harm to dignitary interests (reputation). That isn't fully clear from the brief description. However, more important than that is the suit you... View More

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
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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 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...
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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.

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