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Arizona Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Arizona on
Q: I want to know if I have grounds to sue Walmart and for what.

I worked as a pharmacist for Walmart from October 2019 to March 2020. They hired me as a manager at a struggling store. I was told it was busy but not informed about the difficult technicians or how they had driven away previous pharmacists. My district manager, TZ, told me, “You’re their boss,... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

If you have anything, it is probably a defamation claim. The problem is the Board issued an action against you, presumably finding fault with your actions. Truth is an absolute defense to a defamation claim. Another potential problem that you mention is that this all happened 4 years ago. Statutes... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Rights for Arizona on
Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of the situation:

1. Arizona Labor Laws:

Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their...
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1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Will a workplace injunction in Arizona show up on someone’s background check after it expires?

If it is permanent, is there a way to remove it after it expires?

James L. Arrasmith
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answered on Apr 10, 2024

In Arizona, a workplace injunction (also known as an order of protection or restraining order) is a legal order issued by a court to protect an individual from harassment, threats, or violence in the workplace. The duration of the injunction can vary, but it is typically granted for a specific... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Arizona is a right to work state but how far does that extend can anything be done to protect my dad’s job

My dad has been working in tech for almost 25ish years he is a veteran and has recently had hip issues and needs a replacement he has his surgery tomorrow and has till Monday to except or deny a severance package

Joel Friedman
Joel Friedman
answered on Mar 20, 2024

Your question hopefully will be answered by an employment law attorney, because it is not a workers' compensation issue unless your father's hip problems are the result of a work injury (accident or repetitive activities). I am not an employment lawyer but I generally tell my work injury... View More

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

T. Augustus Claus
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answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

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3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

Joel Friedman
Joel Friedman
answered on Feb 26, 2024

YOUR QUESTION: My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

ANSWER: Your...
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3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

James L. Arrasmith
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answered on Feb 22, 2024

It's understandable that you're seeking clarity regarding the possibility of receiving a lump sum payment due to your husband's death while on the job. In cases like these, you may be eligible for survivor benefits from your husband's employer, especially if his death was... View More

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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 it workplace discrimination to deny differential pay to only one department of the hospital?

I work in hospital security as an employee. Our department is in-house. We are not contracted. We are considered hospital employees. We have been trying to get our administrators to approve differential pay for about four years now. It has been denied every time. Or at the least, the consideration... View More

James L. Arrasmith
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answered on Oct 21, 2024

This situation could potentially be unfair, but it may not meet the legal definition of workplace discrimination unless the denial of differential pay is based on a protected characteristic, such as race, gender, age, or religion. If the administrators are withholding this pay from your department... View More

1 Answer | Asked in Consumer Law, Employment Law and Civil Rights for Arizona on
Q: Do citizens have the right to refuse answering the U.S. Census interviews that now include multiple area of questioning.

Questions include: Where do you work, what is your income...to include each member of the household. It seems to me that these are personal and private matters that are not necessary and are available with the IRS.

James L. Arrasmith
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answered on Aug 31, 2024

You have the right to privacy, but participating in the U.S. Census is required by law. The Census Bureau collects data to allocate government resources, funding, and political representation. Refusing to answer can lead to fines, although it’s rare for the government to impose them.... View More

1 Answer | Asked in Federal Crimes, Employment Law, Civil Rights and Employment Discrimination for Arizona on
Q: I live in AZ and I recently applied for a job.Do I have to disclose felonies that are past 20 years?

All the jobs that I have had I always said no on the application due to the age of my felonies. My felonies were from 1996, 1997, 2002 respectively.. I have never been denied employment. This recent employer denied me employment because on my application, like always, I put I do not have a felony..... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, the law does not automatically exclude felonies from background checks after seven years. Employers may conduct background checks that include criminal history, and there is no statewide law restricting them from considering convictions that are older than seven years. However, some... View More

1 Answer | Asked in Criminal Law, Employment Law, Business Law and Civil Rights for Arizona on
Q: I need to know the law that states there is an exception where a probationer can work as a substance abuse counselor

In Arizona there is a exception that allows a probationer under appropriate supervision to work with probationers in treatment as a substance abuse counselor, Can you site that law for me please and give me the details?

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, a probationer can work as a substance abuse counselor under specific conditions, as outlined in Arizona Revised Statutes § 13-901.01. This statute provides an exception for probationers to work in the field of substance abuse counseling, particularly when their own experiences can be... View More

2 Answers | Asked in Employment Law, Personal Injury, Products Liability and Tax Law for Arizona on
Q: I have a group of people that harass me SEXUALLY!! CONSTANTLY! ITS AFFECTING MY MENTAL HEALTH!!

Stop! It's embarrassing, I want to stay hidden from everybody!! I get sick. OMG I can't believe this is my life!! Help!! I can't stand them!! Utter disgrace and disgust!!!

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

I'm sorry for your ordeal. Reach out to Arizona attorneys to try to set up a free initial consult to discuss in confidentiality your rights and options (depending on the setting - which from the categories you chose, appear to be workplace-related). Good luck

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1 Answer | Asked in Employment Law and Civil Rights for Arizona on
Q: My lawyer. 3 visits in 6 months. Ea visit he charged to reaquaint himself w/ my case & charged for it. Normal?

It's a civil case in the phx area

James L. Arrasmith
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answered on Jul 27, 2024

It's understandable to feel concerned about the charges from your lawyer for reaquainting himself with your case. In legal practice, it's not uncommon for lawyers to charge for the time spent reviewing case files before each visit, especially if there's a gap between meetings. They... 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 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

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