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Arizona Employment Law Questions & Answers
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
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 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 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

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 Education Law and Employment Law for Arizona on
Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 26, 2022

You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.

1 Answer | Asked in Employment Law and Contracts for Arizona on
Q: Would like verbiage for an Indemnification Clause please, we own an interior design studio and do not provide labor.

"The Client agrees to indemnify and hold JL Coates harmless from any and all claims, damages, liability, loss or cost (including attorney’s fees and costs of defense) to the proportionate extent that such Claims are caused by JL Coates’ negligence or willful misconduct. The indemnity... View More

Nadine Sameer Deeb
Nadine Sameer Deeb
answered on Dec 17, 2021

Hello, I or any other contracts attorney would be happy to help you out with this, but providing language for a contractual agreement is a service that you'd need to pay for. It's highly unlikely any attorney on here would be willing to offer their services for free to provide you such verbiage.

1 Answer | Asked in Employment Law for Arizona on
Q: In Az, is employer required to pay sick pay if emp works 60-70 hrs/wk and is sick 1 day?

I work in transportation and work 60-70hrs/wk. I had to leave 2 hrs into 12 hr shift due to emergency. Employer says he doesnt have to pay since I work more than 40hrs/week. And since this specific issue is not outlined verbatim he doesn't have to pay sick pay when we work beyond 40hrs.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 30, 2021

Employers are only required to pay their employees for their time spent performing work. The law does not require the payment of sick time, vacation time, or any other kind of paid time off. However, if you are paid by the hour, you must be paid at a rate of one-and-one-half times your regular... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Is it legal to record someone on your phone
Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2021

Arizona is a "one party" recording state. This means that you must be part of the conversation (or obtain at least one party to the conversation's consent) to record the conversation. As long as one party (whether it's you or someone else) consents to the recording, the other... View More

1 Answer | Asked in Employment Law for Arizona on
Q: Is it illegal to interview for another job after signing a multi-year contract with my current employer?

My current role has been mentally draining and after signing, I am not sure if it is the right fit for me anymore. Another (and rare) opportunity opened up where I live and I am interested in exploring it but not sure if I would be breaking my contract or doing anything illegal if I do.

Carrie Dyer
Carrie Dyer
answered on Nov 3, 2021

The answer to your question is dependent on the language in your contract with your current employer. You should contact an employment lawyer in your area to have your contract reviewed to determine what options you have to leave your current employment (i.e., required notice periods, etc.) before... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Being asked to perform duties that I am over qualified for constantly.

I am the only one that is constantly asked to work under my coworkers who we holds the same qualification.

Carrie Dyer
Carrie Dyer
answered on Nov 3, 2021

Generally, an employer can require you to perform duties that you are over-qualified for. However, if you believe you are being singled out in a discriminatory manner due to your status in a protected class (i.e., race, gender, age, etc.), you should contact an employment attorney in your area to... View More

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