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Arizona Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Immigration Law and Civil Rights for Arizona on
Q: School principal is confiscating cell phones and keeping them for an unreasonable amount of time: is it constitutional?

1st infraction: 1 week; 2nd: 30 days; 3rd: entire school year. No parental consent or due process. No policy on how its enforced. School administrator states that cell phones are prohibited items: my concern is the safety of the students. Many parents rely on cell phones to track their children,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 22, 2021

Yes.

Limiting access to mobile telephones for school students by the school Administration is completely Constitutional. The school implements its rules and oversees education , social and safety parameters of that educational institution.

The school may and should limit any...
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1 Answer | Asked in Contracts and Employment Law for Arizona on
Q: I got an acting gig & in the contract they are saying they will be allowed to use my image or likeness in "perpetuity"

Is this the norm? They can use it forever?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 20, 2021

Yes it is

Most likely it is in connection with the specific acting or work you are doing.

Consult with an attorney.

This is not legal advice.

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... Read 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... Read 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... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Health Care Law for Arizona on
Q: If a home healthcare agency sends an aide to a client's house that brought bed bugs into the clients home,can he sue?
Tim Akpinar
Tim Akpinar answered on Jun 28, 2021

An Arizona attorney could advise best, but your question remains open for a week. It sounds like it might be a difficult case. With such cases in general, connecting the infestation to the alleged source (to the exclusion of other possibilities) could sometimes present challenges. Additionally, if... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: In Arizona, is it legal to make a server pay for unpaid bills from walk-outs?

In situations where it's not due to gross negligence nor is it intentional can servers be forced to pay? Assuming there is no written consent, when can servers be held financially responsible?

Rhiannon Herbert
Rhiannon Herbert answered on Jun 1, 2021

Under the Fair Labor Standards Act, it is unlawful for your employer to deduct unpaid bills from your pay (or otherwise reduce your pay) if this would result in your hourly wage falling below minimum wage. If your server hourly rate + tips does not equal at least your state's minimum wage per... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Is it legal for my employer to go in to change my clock in time without it being in my contract or previously discussed?

I just started a new job recently and during training was instructed that I was allowed to clock in "up to 5 minutes" before the hour my shift starts.

I have been doing this and discovered last night that the times I'm being paid for have been adjusted compared to what they... Read more »

Kyle Anderson
Kyle Anderson answered on May 12, 2021

How many hours per week are you working? The Fair Labor Standards Act allows for rounding, as long as the rounding system does not result in a failure to count as hours worked all the time employees have actually worked over a period of time. I would reach out to an employment attorney because more... Read 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... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Does my employer need to pay me a profit share after I left the company?

My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week

I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You... Read 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 for Arizona on
Q: My daughter works 37.5 hours a week (half day Saturday) and is hourly.

She was told that she had to take the company phone home with her and be "on call" until 9:30 each night (she works from 7:30-4:30 normally) in order to get a raise. Now they are adding Sundays as well saying that was discussed and it was not.

Kyle Anderson
Kyle Anderson answered on Oct 14, 2020

Hi, more information is needed here and I'm not sure exactly what your question is. That being said, an employer can require your daughter to be on call.

Whether the time she is on call is compensable is another question. On-call time is compensable (your daughter must be paid for it)...
Read more »

1 Answer | Asked in Business Law and Employment Law for Arizona on
Q: My ex-employer won’t respond when I ask about returning work equipment - tablet, phone & laptop. Are they mine now?
Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

No, the equipment is not yours. It is the property of your employer. You should continue to contact your employer until you get a response regarding how the equipment should be returned.

1 Answer | Asked in Employment Law for Arizona on
Q: I went on FMLA for corona now I dont have the position in my store the mgr is training someone. Else

The mngr sent me to another store for a week and now said she doesnt know if they can get hours im a full time assistant manager

Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

You are typically entitled to reinstatement to your position or to an equivalent position (with equivalent hours) upon return from an FMLA-qualifying leave that does not exceed the maximum 12-week allotment. This right to reinstatement exists even if your employer replaced you while you were on... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Can an employer advertise a work from home position and then keep them in office?

I was hired into a work from home position. HR emailed me stating the position was 2 weeks in office for training and

then I would be working from home. 3 months later and I am still in office. I got covid 19 abt 7 weeks into the job. I requested to work from home and was told no. Can a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

In general, your employer can change the requirements of your job at any time. However, in some circumstances, you could have recourse under the Americans with Disabilities Act if your request to work from home is for a medically-related reason. If you are currently unable to work in the office... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Q: If I had a misdemeanor case dismissed, do I need to say that I was still convicted or pled guilty to a misdemeanor.

This is for answering disclosure questions on a employment background check for a becoming a loan originator.

Mike Branum
Mike Branum answered on Aug 14, 2020

If the case was dismissed, you did not plead guilty and you were not convicted. Even if it was a delayed entry of guilt, if you completed the requirements and the Court dismissed the case without entering your plea, then you still did not plead guilty on the record and the Court did not convict... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I'm being forced into unsafe working conditions, what can I do?

I am a teacher at a school in Arizona currently a hotspot for the covid 19 pandemic. My employer is planning to reopen irrespective of benchmarks laid out by the Arizona Health department, putting me, my fellow teachers and students at risk. They have threatened legal action if I decide not to show... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 12, 2020

Additional information is needed to answer your question. Do you have a medical condition that places you at a higher risk for serious illness if exposed to COVID-19? If so, you could work with your doctor to request an accommodation in the form of teleworking to begin the school year. If your... Read more »

1 Answer | Asked in Business Law and Employment Law for Arizona on
Q: if i have a non compete with a former employer and that owner sells the company is the non compete still valid?
Peter H. Westby
Peter H. Westby answered on Aug 11, 2020

It might still be valid. This depends upon how the sale was structured and the agreements made with the buyer. I recommend that you discuss with an employment law attorney before you make any decisions.

1 Answer | Asked in Employment Law for Arizona on
Q: I have accepted a job offer and I now want to rescind my acceptance, the job is at will, will I face legal repercussion
Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

You could have legal consequences. It depends upon the facts of the situation and any document or agreement that you may have signed. I recommend speaking with an employment law attorney to learn your legal rights and options before making a decision.

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... Read more »

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