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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.

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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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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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

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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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?
James L. Arrasmith
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answered on Oct 18, 2023

If an employee's DACA renewal has been approved, the employee's work authorization is automatically extended for 180 days from the date of expiration listed on their current Employment Authorization Document (EAD). This is provided the renewal application was filed before the current EAD... View More

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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

1 Answer | Asked in Employment Law and Immigration Law for Arizona on
Q: Can I still get automatic extension if I sent my work permit renewal the same day it expires?

I sent it on the same day and got the receipt 3 days later with the receipt saying it arrived to them 3 days later

James L. Arrasmith
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answered on Sep 21, 2023

If your work permit renewal application was received by USCIS on the same day your previous permit expired, and you have a receipt notice as evidence, you may still be eligible for the automatic extension of your work authorization for up to 180 days while your renewal is pending. It's... View More

1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Arizona on
Q: While on short term disability diagnosis with cancer the company said they were separating me from the company.

I am 74 years old. I know I was released because of my health and age. Start date 7/20/15-9/20/23. This case is scheduled with the EEOC on 120/23. Can a company legally do this?

Jessica Miller
Jessica Miller
answered on Sep 14, 2023

It depends on the reason the company gave for your separation. If they told you that you were being released due to your health and age, then you may have a legal claim against them if you were still able to perform the essential functions of your position.

If they gave you a different...
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1 Answer | Asked in Small Claims and Employment Law for Arizona on
Q: My company is withdrawing money from my payroll without any notification is that legal

So I know this probably about 2 months ago $150 was being taken out and labeled miscellaneous and that has happened three or four more times since then now it's probably around the total around $600 this isn't the first time I've had discrepancies with my company I have multiple... View More

Jessica Miller
Jessica Miller
answered on Sep 14, 2023

Employers are limited with respect to items they are permitted to withhold from your paycheck. They are generally permitted to withhold certain taxes and benefits that you have agreed to. Otherwise, they are not permitted to withhold additional amounts without written authorization from you. In... View More

1 Answer | Asked in Personal Injury, Public Benefits and Employment Law for Arizona on
Q: I'm getting surgery due to injury not on the job and don't have much PTO. Can I receive compensation while recovering?

I currently work in Arizona for a non-profit and have not been employed with this company for 12 months. I will be out of work for a minimum of 6 weeks and should fully recover in 12 weeks. Can I apply for anything to compensate for my bills after the surgery that did not occur on the job?

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. This is something that an employment law attorney would know best, in terms of PTO or leave programs, or the applicable policies of your employer. Some questions remain unanswered on this forum, but you could... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Arizona on
Q: Is social security disability protected through ADA?

I have a friend who files for disability through social security. She is 63 years old and has chronic pain and health problems. She is making the lowest wage in a small business and is continuously discriminated through the company. She is harassed about not being able to use technology as well as... View More

James L. Arrasmith
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answered on Aug 6, 2023

The Americans with Disabilities Act (ADA) does provide protection against discrimination for individuals with disabilities, and this may include those receiving Social Security Disability benefits. Your friend may be able to take legal action if she believes she has been discriminated against due... View More

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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 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

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