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Arizona Employment Discrimination 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 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 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 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 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 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 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 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 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

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Arizona on
Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?

Will a dismissed case affect my chances of getting hired ?

Mike Branum
Mike Branum
answered on Sep 10, 2021

Ah, the lawyer's favorite answer: "It depends."

If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative....
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Q: My name is Danielle. I have a question about unemployment and needing representation for an appeal.

I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... View More

Joel Friedman
Joel Friedman
answered on Aug 14, 2021

I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... View More

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 27, 2021

Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... View More

Q: I’m a teacher, and the administration gave out my number to a student without my permission. What should I do?

The student contacted me and I blocked them right away.

Joel Friedman
Joel Friedman
answered on May 2, 2021

My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... View More

Q: Fired for restraining an out of control fellow worker I was assaulted by at work in front of management. Days after.

Management deleted hours work prior to terminations.

Kyle Anderson
Kyle Anderson
answered on Nov 25, 2020

More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.

If...
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1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Arizona on
Q: year100% loyal every payday,week late.job searching he found out got fired.group workchatsaved times on phone.checkshold

every employee on job group chAt. when to come in, every where my checks from every employee there , numerous numerous times.every im losing my place,bills ,food texts from over 20 employee..i lost my apartment,and everything else after also texts for help .. personal damages are in play.

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2020

I'm sorry your post remains open for four weeks. There are a number of categories here and it isn't clear if things in the various categories are related to one another. The most central one appears to be employment-related. At this point, you could contact an employment attorney to see... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Can someone get hired over me if they have no experience in that position at all and I have the most

Also job was not offered to anyone at all it was given to person with no experience

Carrie Dyer
Carrie Dyer
answered on May 27, 2020

An employer does not necessarily need to hire the individual with most experience. However, an employer cannot make a hiring decision based on an unlawful motivation. If you can demonstrate that you were not selected for the position on the basis of your membership in a protected class (i.e.,... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Social Security for Arizona on
Q: I am without gainful employment with an unnoticed permanent total disability of a traumatic brain injury can I get help

Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2019

I'm sorry for the impact this injury has had upon your life. You chose categories that make sense for injury/disability. But you mention the Industrial Commission of Arizona. If this involves an injury that occurred in the course of your employment, and you had a workers' compensation... View More

1 Answer | Asked in Civil Rights and Employment Discrimination for Arizona on
Q: A teacher at my school was fired for LGBT discrimination. There is a court case, what could she be convicted on?

This case is being held under Maricopa County, Arizona law. Thanks!

Gary Kollin
Gary Kollin
answered on Oct 17, 2019

Is it a criminal or civil case? It sounds civil. If so, she faces a monetary penalty only

1 Answer | Asked in Business Law and Employment Discrimination for Arizona on
Q: Can my business partner take everything we had because I wasnt on the LLC?

My business partner and I started a restaurant from the ground up. We raised the money on kickstarter and this was my first venture as a business owner. She had many other businesses. When we went to get the business license she told me that I coudnt be on it cause I had bad credit. We have made... View More

Peter H. Westby
Peter H. Westby
answered on Jul 8, 2019

Not being a member of the LLC is a disadvantage. But it sounds like you may have sufficient proof to establish that you were a partner in this business and, if so, you may be entitled to your share of any net sales proceeds after payment of the bills of the business. I recommend consulting with... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Landlord - Tenant for Arizona on
Q: Can landlord/employer come into your home and take all your belongings

My landlord /boss and I had a falling out so I decided just to move out.ss I'm moving landlord /boss comes and takes all my property and personal belongings

Mike Branum
Mike Branum
answered on Apr 26, 2019

No. This is an invasion of your right to privacy and your rights as a tenant. If you can afford a retainer you should probably hire an attorney. It may be difficult to find an attorney who will take this case on a contingency basis but it is possible. If you have limited income you may qualify for... View More

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