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Arizona Employment Law Questions & Answers
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
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 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
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.

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, 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
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 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.

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

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