Arizona Questions & Answers by Practice Area
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Arizona Questions & Answers
Q: Can an employer tell me my cancer is considered a disability and add me to the "list" to make the numbers look good?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
Arizona
on
Answered on Jun 18, 2018
Answered on Jun 18, 2018
Kai Michael Henderson's answer
There are a tangle of issues here and it is never good to have one's privacy violated, especially by a co-worker. On the facts here, it appears that your company internally disclosed that you have a disability. Generally speaking, under the ADA, employers cannot disclose employees' health information to third parties without meeting some of the exceptions such as providing reasonable accommodation or reporting a Worker's Compensation injury. Under the facts above, it does not appear that...
There are a tangle of issues here and it is never good to have one's privacy violated, especially by a co-worker. On the facts here, it appears that your company internally disclosed that you have a disability. Generally speaking, under the ADA, employers cannot disclose employees' health information to third parties without meeting some of the exceptions such as providing reasonable accommodation or reporting a Worker's Compensation injury. Under the facts above, it does not appear that...
Q: I have child support court tomorrow. Anyway my ex petitioned the child support court in 2016 i never new about it and
Kai Michael Henderson's answer
It is hard to tell exactly what the basis for avoiding the child support order would be under this scenario. If a person is not making as much as they used to, they should immediately petition the Court to recalculate the obligation. A judgment can, in some circumstances, be adjusted down retroactively to the date of that filing once the Judge makes an order.
If a person's spouse never obtains a child support order, then it is hard to see why anyone would claim arrears on a...
It is hard to tell exactly what the basis for avoiding the child support order would be under this scenario. If a person is not making as much as they used to, they should immediately petition the Court to recalculate the obligation. A judgment can, in some circumstances, be adjusted down retroactively to the date of that filing once the Judge makes an order.
If a person's spouse never obtains a child support order, then it is hard to see why anyone would claim arrears on a...
Q: My roommate has multiple personality disorder and she was taken from the parking lot at casino arizona to scottsdale
Kai Michael Henderson's answer
This may be a HIPPA issue. A person who is involuntarily committed has privacy protections which means that individuals without Release of Information paperwork may not be able to access the records. Her husband may be better able to obtain certain directory information. HHS.gov explains that "the HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other...
This may be a HIPPA issue. A person who is involuntarily committed has privacy protections which means that individuals without Release of Information paperwork may not be able to access the records. Her husband may be better able to obtain certain directory information. HHS.gov explains that "the HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other...
Q: Any requirement to update owner status prior to recording Beneficiary Deed?
1 Answer
| Asked
in
Estate Planning, Family Law and Real Estate Law
for
Arizona
on
Answered on Jun 18, 2018
Answered on Jun 18, 2018
Ryan K Hodges' answer
Recording an affidavit of death or the death certificate before recording the beneficiary deed is a good idea, but not required. You could record the beneficiary deed without doing this first, and it would still be valid.
Recording an affidavit of death or the death certificate before recording the beneficiary deed is a good idea, but not required. You could record the beneficiary deed without doing this first, and it would still be valid.
Q: How long in an AZ appeal with the dependency court do you have to file a reply to a reply brief of an atty general?
Kai Michael Henderson's answer
This request is a little vague. In most circumstances the Parents appeal from the decision of the lower court, thus they file their appeal, the Attorney General files an Answering (Response Brief), and the Parent then gets the last word with a Reply Brief. See Rule 106 of the Arizona Rules of Procedure for the Juvenile Court (ARPJC). I am assuming that the question refers to the A.G.'s Answering Brief, but provide a brief note if the questioner meant what they wrote.
The Reply Brief...
This request is a little vague. In most circumstances the Parents appeal from the decision of the lower court, thus they file their appeal, the Attorney General files an Answering (Response Brief), and the Parent then gets the last word with a Reply Brief. See Rule 106 of the Arizona Rules of Procedure for the Juvenile Court (ARPJC). I am assuming that the question refers to the A.G.'s Answering Brief, but provide a brief note if the questioner meant what they wrote.
The Reply Brief...
Q: I know I was illegally pulled over because of racial profiling. How do I fight back?
Kai Michael Henderson's answer
Generally speaking, it is extremely hard to fight racial profiling. Many people facing criminal charges want to use a civil rights violation as leverage against the State in a prosecution. This is unsuccessful in the vast majority of cases.
The best cases have the best evidence. If you recorded the encounter with the police yourself and the officer uttered racist epithets or admitted that he or she pulled you over based on race, you may have a good case. In the criminal, or traffic...
Generally speaking, it is extremely hard to fight racial profiling. Many people facing criminal charges want to use a civil rights violation as leverage against the State in a prosecution. This is unsuccessful in the vast majority of cases.
The best cases have the best evidence. If you recorded the encounter with the police yourself and the officer uttered racist epithets or admitted that he or she pulled you over based on race, you may have a good case. In the criminal, or traffic...
Q: I'm bankrupt and don't have any property to pass on to my family but they want me to do a will anyway.
Peter H. Westby's answer
If you have no property, there will be no need for a probate. Nevertheless, your family has a good point. You may have personal items or family items that have meaning and should pass to someone who will appreciate them. Expressing your wishes in a Will can be important to the persons who survive you.
If you have no property, there will be no need for a probate. Nevertheless, your family has a good point. You may have personal items or family items that have meaning and should pass to someone who will appreciate them. Expressing your wishes in a Will can be important to the persons who survive you.
Q: Who is responsible for paying a deceased person's credit card debt if they only have an irrevocable trust?
Peter H. Westby's answer
Normally, the estate of a deceased person is responsible for payment of debt. However, where a trust exists, the Trust document must be reviewed. It is possible that the trustee of the trust has been instructed to pay debt from Trust assets.
Normally, the estate of a deceased person is responsible for payment of debt. However, where a trust exists, the Trust document must be reviewed. It is possible that the trustee of the trust has been instructed to pay debt from Trust assets.
Q: How to go about getting someone out your house
Peter H. Westby's answer
The property owner will need to judicially evict this person. The Arizona Residential Landlord Tenant code describes this procedure. Filing can be done in Justice Court and the Court can usually help with forms. This is an unusual situation and I recommend that you seek the advice of a real estate attorney who practices in the area of landlord tenant law before you take action.
The property owner will need to judicially evict this person. The Arizona Residential Landlord Tenant code describes this procedure. Filing can be done in Justice Court and the Court can usually help with forms. This is an unusual situation and I recommend that you seek the advice of a real estate attorney who practices in the area of landlord tenant law before you take action.
Q: If my babys father was caught with a meth pipe and weed on him and i was charged for DV is CPS going to be invovled??
Kai Michael Henderson's answer
This is a difficult issue.
The removal of a child in Arizona is governed under A.R.S. Sec. 8-822 which gives the Department the onus of making rules of when a child is removed from the home. CPS may become involved at some point, but might not. If it is a misdemeanor DV charge, then your ability to physically be around for the child will not be impaired. Having both parents in jail creates a precarious situation for parental rights. The Father will likely have to go to Court and...
This is a difficult issue.
The removal of a child in Arizona is governed under A.R.S. Sec. 8-822 which gives the Department the onus of making rules of when a child is removed from the home. CPS may become involved at some point, but might not. If it is a misdemeanor DV charge, then your ability to physically be around for the child will not be impaired. Having both parents in jail creates a precarious situation for parental rights. The Father will likely have to go to Court and...
Q: I signed a non-compete with my employer but then he sold his company to a large corporation. Is the non-compete valid?
Brad Denton's answer
The answer, unfortunately, is that it depends. The language that is in your contract is likely controlling. If it expressly states that it is transferable then it probably is. If it does not address it, then there is an ambiguity in the contract and the water gets a bit murkier. Recent case law from other states found they are not enforceable absent language saying they are transferable. I am not aware of a case in Arizona that is on point.
The contract is not automatically revoked...
The answer, unfortunately, is that it depends. The language that is in your contract is likely controlling. If it expressly states that it is transferable then it probably is. If it does not address it, then there is an ambiguity in the contract and the water gets a bit murkier. Recent case law from other states found they are not enforceable absent language saying they are transferable. I am not aware of a case in Arizona that is on point.
The contract is not automatically revoked...
Q: Are home inspections required in Arizona? If so , is my realtor required to send an origin the inspection to the owners?
Brad Denton's answer
There is no formal requirement under Arizona Law that a home inspection occurs. However, unless this is a cash transaction any bank is going to require one. Whether or not there has been a home inspection or not, you will be required to disclose any defects that you know about the property to the party purchasing the home. If you fail to disclose known defects you are liable for failing to disclose them. If a home inspection has been performed and it revealed issues you will be required to...
There is no formal requirement under Arizona Law that a home inspection occurs. However, unless this is a cash transaction any bank is going to require one. Whether or not there has been a home inspection or not, you will be required to disclose any defects that you know about the property to the party purchasing the home. If you fail to disclose known defects you are liable for failing to disclose them. If a home inspection has been performed and it revealed issues you will be required to...
Q: What is the redemption time period for a foreclosed home sold in Arizona
Diane L. Drain's answer
First, you want to make sure you are asking the correct question. In Arizona typically a home is sold via a trustee's sale, not a foreclosure. In that case there is no redemption period, but there is a reinstatement period. If the house is sold by a sheriff, after a judicial foreclosure, the the redemption period is 6 months, unless the property is abandoned or used for agricultural purposes. It is best to talk with an experienced foreclosure attorney in order to answer your questions.
First, you want to make sure you are asking the correct question. In Arizona typically a home is sold via a trustee's sale, not a foreclosure. In that case there is no redemption period, but there is a reinstatement period. If the house is sold by a sheriff, after a judicial foreclosure, the the redemption period is 6 months, unless the property is abandoned or used for agricultural purposes. It is best to talk with an experienced foreclosure attorney in order to answer your questions.
Q: Do I owe commission?
Peter H. Westby's answer
You might owe a commission. Builder contracts are often drafted to favor the builder. I recommend that you have a real estate lawyer review your contract and any other document signed by you. Your lawyer will be able to answer your questions and assist you in resolving this matter.
You might owe a commission. Builder contracts are often drafted to favor the builder. I recommend that you have a real estate lawyer review your contract and any other document signed by you. Your lawyer will be able to answer your questions and assist you in resolving this matter.
Q: Change of Status (I-539) from TPS to F-1?
Carl Shusterman's answer
Adjustment of status refers to applying for a green card, not to F-1 student status. Talk with an experienced immigration attorney about your options.
Adjustment of status refers to applying for a green card, not to F-1 student status. Talk with an experienced immigration attorney about your options.
Q: I was fired from my place of employment by my GM while I was on FMLA. How can I sue Them for wrongful termination?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Arizona
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Salim U. Shaikh's answer
Prima facie, you have a case. Please note in either way you have to enter into settlement or the current offer of 7500 as damages with offer of job continuity could be considerable. However, you may consult Attorney of your local jurisdiction for specific advice.
Prima facie, you have a case. Please note in either way you have to enter into settlement or the current offer of 7500 as damages with offer of job continuity could be considerable. However, you may consult Attorney of your local jurisdiction for specific advice.
Q: Family law - called into court as respondent and was not put under oath but made a false statement. What now?
Kai Michael Henderson's answer
This is a tricky question and the facts provided do not provide enough to really flesh this out. If you are being charged with fraud or perjury, you should bring a question like this to the criminal forums.
It sounds as though you might have just been mistaken and did not mean to make the statement, and thus the knowing element is not available. It is unclear what the level of the false statement was. If it was perhaps I will be in the hospital until Wednesday and you knew you would...
This is a tricky question and the facts provided do not provide enough to really flesh this out. If you are being charged with fraud or perjury, you should bring a question like this to the criminal forums.
It sounds as though you might have just been mistaken and did not mean to make the statement, and thus the knowing element is not available. It is unclear what the level of the false statement was. If it was perhaps I will be in the hospital until Wednesday and you knew you would...
Q: How do I go about selling a piece of property with a life estate attached to it?
Kai Michael Henderson's answer
This will generally work the same as any other real estate transaction, with the exception that the sales contract and deeds will reflect the presence of a life estate. Without knowing too much concerning the details, you simply sell your "vested remainder" that it is understood you possess. The deed(s) will reflect that the current occupant has a life estate and that the interest you are selling is subject to that life estate. The contract will reflect that the buyer knew that he was...
This will generally work the same as any other real estate transaction, with the exception that the sales contract and deeds will reflect the presence of a life estate. Without knowing too much concerning the details, you simply sell your "vested remainder" that it is understood you possess. The deed(s) will reflect that the current occupant has a life estate and that the interest you are selling is subject to that life estate. The contract will reflect that the buyer knew that he was...
Q: If I accidentally find myself on a child erotica site. I reported the site. Is this a legal problem?
Kai Michael Henderson's answer
It is an interesting legal issue. We must first look to the statutes to understand what erotica is and how a person might commit the offense of sexual exploitation by possessing such erotica. A.R.S. Sec. 13-3553 Provides that "A person commits sexual exploitation of a minor by knowingly:...receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive [sic] exhibition or other sexual conduct...Sexual...
It is an interesting legal issue. We must first look to the statutes to understand what erotica is and how a person might commit the offense of sexual exploitation by possessing such erotica. A.R.S. Sec. 13-3553 Provides that "A person commits sexual exploitation of a minor by knowingly:...receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive [sic] exhibition or other sexual conduct...Sexual...
Q: My 10 year unlawful presence bar is over, what options do i have to get an immigran visa?
Carl Shusterman's answer
Unfortunately, you must remain outside the US for 10 years before you can apply for an unlawful presence waiver.
Unfortunately, you must remain outside the US for 10 years before you can apply for an unlawful presence waiver.
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