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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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.
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.