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Arizona Employment Law Questions & Answers

1 Answer | Asked in Contracts and Employment Law for Arizona on

Q: Can I be held responsible for a $2,000 penalty for breaking a contract I never signed but have been operating under?

I was offered an employment contract from a school district in Arizona November that I never signed. I have been working for the district and operating within the parameters of the contract since then and have been receiving a salary and benefits. I have a legitimate reason to quit before the... Read more »

Marcos Garciaacosta answered on Feb 6, 2019

Yes, you have basically been executing the contract and are bound by its terms.

You may be able to negotiate any penalty and a detailed review of the contract may be helpful.

Let me know if I can help.

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Arizona on

Q: If you are injured on the job by a third party, & you sue the atfault party, can workers comp Take Your settlement money

I was involved in a Roll over car accident at work. I was not at fault, a drunk driver ran a red light and hit me. I was taken to icu and hospitalized for 6 months and I home care for 3 months, workers compensation paid my medical bills. I sued the at-fault driver with a personal injury lawyer and... Read more »

Freddy Saavedra answered on Dec 10, 2018

In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it appears... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Arizona on

Q: Is it wrong for a company to hire a replacement before I even sign any paperwork saying I'm leaving or transferring

There was an idea of me transferring and they hired somebody even though it wasn't set in stone transfer and now the transfer isn't going through so they want to demote me

Peter H. Westby answered on Dec 10, 2018

No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on

Q: Can an employer tell me my cancer is considered a disability and add me to the "list" to make the numbers look good?

I had breast cancer last year and I am now cancer free. I was offended by the approach as she had already added the disability in my HR set up because it made the numbers look good. I never told her about the cancer, as we work in different states and only have a email, phone relationship so I'm... Read more »

Kai Michael Henderson answered on Jun 18, 2018

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... Read more »

1 Answer | Asked in Employment Law for Arizona on

Q: I signed a non-compete with my employer but then he sold his company to a large corporation. Is the non-compete valid?

My old company was a small medical business and the non-compete was signed with that company. After the purchase of the old company I did not sign any further agreements.

Brad Denton answered on Jun 16, 2018

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... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on

Q: If i got hurt at work 3/9/2018 and got on workers comp since 3/13/2018 then why am i not getting paid until 4/19/2018

Fractured my talus bone. Did not get a drug test. Assistants didnt follow procdure. They were arguing on who was going to take me. In the end went home then next day to hospital. After that went to work and the hr lady sent me to fasmat. Had another ex ray done nothing. Till the third time did mri... Read more »

Joel Friedman answered on Apr 1, 2018

Thank you for contacting me about your work injury. There is no,legal requirement for a drug test and failure of your co-workers or supervisors to follow some company procedure also does not affect your right to benefits. I'm not familiar with a medical facility named "fasmat" and depending on... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on

Q: I had a work related injury and the work compensation lady said they wont pay me my first week off , is dat true ? phx

Joel Friedman answered on Feb 25, 2018

This is only partly true, if you missed less than one week of work. If you are off work less than 2 weeks, you get paid only for the days after week 1, and if you are off work or on limited duty and not earning your regular wages for more than 2 weeks, you will be aid back to day 1. feel free to... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on

Q: If an employee sustains an injury while on the job can they chose not to file it with workers compensation?

I have an employee that was injured on the job but are refusing to allow the employer to file with workers compensation stating it was a preexisting condition and they are instead filing the claim with their own insurance. Can an employee turn down workers comp? Does this place additional... Read more »

Joel Friedman answered on Feb 23, 2018

The injured worker is not required to file a workers' compensation (WC) claim, and the employer does not have the authority to do so on the worker's behalf. There is no additional liability for the employer if no claim is filed, and the worker actually has up to one year from the date of the... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on

Q: I got a head injury on the job and if my employee doesnt pay me the weeks that i missed can i sue them ?

Joel Friedman answered on Feb 21, 2018

Hello and good evening. You are entitled to wage loss disability payments if you miss time and income from work after a work injury. There are exceptions, like if there are conflicting medical opinions about your ability to work - one doctor says you can do anything and another says you can do... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Public Benefits for Arizona on

Q: I was working(movie theater) on Christmas where we can't accept tips, but got an envelope "Merry Christmas" with money

I accepted thinking it was just a Christmas card, and opened at the end of my shift, had $40 inside, and am being asked to return it upon receiving a tip, do I have to return it?

Joel Friedman answered on Dec 27, 2017

Your question is outside my practice area (work injuries) and I don't know any other lawyers who might be able to help. My first impression is that the fact you didn't know what was in the envelope until you opened it probably does not create an exception to the no tips rule, so if you know where... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Arizona on

Q: Hired n told i was going to make 11.37 a hr, got it on paper n found out im getting only ten, is that against the law

Got it on my phone, they told me 11.37 hr n i txt n ask if i was making 10hr n they txt back no your making 11.37 hr, but my check stub says 10 a hr n now after them telling they will change it to 11.37 a hr n give me back pay, but 2 months later still getting 10 a hr. Got all the info saved that... Read more »

Richard Michael Gee answered on Aug 21, 2017

Sounds like you've got a wage and hour claim. You should either contact an attorney who works in this area in your state or you may be able to call your state department of labor and see what they can do for you.

1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Arizona on

Q: What are the AZ statutes for defamation libel and and slander for the employee

Peter N. Munsing answered on Jun 22, 2017

libel and slander for employees aren't different than from others; however you may have other forms of claims and I would suggest you contact a member of the Az Trial Lawyers Assn that handles employment issues--they represent employees and give free consultations.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Arizona on

Q: Can a employer ask for a employee applicant to be women with large breasts and large behinds? Is this illegal under EEOC

IS IT ILLEGAL UNDER EEOC OR SEXUAL DISCRIMINATION?

Charles Joseph Stiegler answered on Apr 25, 2017

Yes, this is illegal if the company employs 15 or more workers. Small companies, with less than 15 employees, are not subject to federal employment laws.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Arizona on

Q: What do I need to do to show that my work injury is unscheduled apposed to scheduled

I was permanently injured in a car accident in 2010, I was able to work through that injury, this new work injury (required knee surgery (unsuccessful)) of 03/18/16, I am not able to, and the employer has refused to employ me further.

Joel Friedman answered on Apr 17, 2017

I can't answer your question about your employment situation. The 2016 knee injury generally can be "unscheduled" IF you have a prior Arizona work injury that also was scheduled OR if you had a previous unscheduled injury that was determined to cause a reduction of your earning capacity. These... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Arizona on

Q: What exactly are the benefits of a "set aside" judgment?

I recently had shoplifting and a marijuana charge "set aside" by the Phoenix court. I am aware this is not the same as expungment. So my question is, can these charges still be held against me when renting an apartment or applying for a clearance card? I cant seem to find a straight answer on this.... Read more »

Matthew Maerowitz answered on Mar 1, 2017

The reason you aren't getting a straight answer is because the charges, even if set aside, are still accessible when a background check is run. A set aside is different from an expungment because it doesn't seal the record. An employer for example running a background check can still see that you... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on

Q: Management knowingly put my safety at risk in the work place. Can anything be done about it?

Peter N. Munsing answered on Sep 7, 2016

You can file an OSHA report but that may give you bounce back at work. If you mean can you file an unsafe work practices case? Most states no. Workers comp is a law enacted to shield employers from claims, so the law doesn't give you much outside of it.

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on

Q: can i change job while on a work comp case, my employer is saying he has no work, after i am cleard to work.

Joel Friedman answered on Aug 8, 2016

You may look for work if you are medically cleared, making sure that you do not take a job that requires more than you are able to do if you have any work restrictions, especially from your injury. You are not bound to the company where you were hurt and can look for a new job if they don't have... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Arizona on

Q: Should I answer yes or no to conviction question on job application?

I am 16 years old and I live in Maricopa, Arizona. I am looking to apply for a job, but they asked "Have you ever been of or sentenced for any violation of the law?" on their application. When I was 14 years old, I took a plea deal and I plead guilty to two misdemeanors and got placed on probation... Read more »

Mr. Michael O. Stevens answered on Apr 5, 2016

If you lie about the convictions and they find out you will be fired and potentially worse. The best option is to disclose and let them know you have grown. It is usually the lying about prior convictions that gets people into trouble, not the actual conviction.

1 Answer | Asked in Employment Law for Arizona on

Q: I think I was punished for having to get surgery?

I manage a circle k and was recently asked if I could manage two stores. Because I was multi manager I received a 300 dollar stipend every week. Recently I had to get surgery, I used sick time for my surgery and went back a week later. I almost passed out and my boss sent me home and informed not... Read more »

Adam Studnicki answered on Feb 21, 2016

More info is needed to answer. Talk to a local employment lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
Read more »

1 Answer | Asked in Employment Law for Arizona on

Q: How does inevitable disclosure work across state lines when moving from one company to another?

Does it matter where the headquarters are? What happens if the company has operations in multiple states including the one were you are going, or the company you are moving to has operations in the state you are coming from. Because it is my understanding the IDD is not applied equally across all... Read more »

Adam Studnicki answered on Feb 16, 2016

Each state has it's own laws regarding disclosure of trade secrets. A lawyer can advise based on your specific circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it...
Read more »

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