Arizona Employment Law Questions & Answers

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

1 Answer | Asked in Contracts and Employment Law for Arizona on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
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.

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

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Arizona on
Answered on Dec 10, 2018
Freddy Saavedra's answer
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 that worker's compensation has paid a significant amount that would likely be more than the policy limits of the drunk driver. It would be important for you to discuss this with your attorney and...

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

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Arizona on
Answered on Dec 10, 2018
Peter H. Westby's answer
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.

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

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Answered on Jun 18, 2018
Kai Michael Henderson's answer
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 information to third parties without meeting some of the exceptions such as providing reasonable accommodation or reporting a Worker's Compensation injury. Under the facts above, it does not appear that...

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

1 Answer | Asked in Employment Law for Arizona on
Answered on Jun 16, 2018
Brad Denton's answer
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 from other states found they are not enforceable absent language saying they are transferable. I am not aware of a case in Arizona that is on point.

The contract is not automatically revoked...

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

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on
Answered on Apr 1, 2018
Joel Friedman's answer
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 where you worked at the time of the injury, you generally have a right to choose your own doctor. There are a limited number of employers who have a right to direct your medical care, but you can go where...

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

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on
Answered on Feb 25, 2018
Joel Friedman's answer
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 contact me directly at jfriedman@cruzfirm.com or at 602-492-5331. thank you

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

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on
Answered on Feb 23, 2018
Joel Friedman's answer
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 accident or knowledge of the injury to file a WC claim, so there is some uncertainty during that period of time. The worker should simply be informed that Arizona WC law recognizes aggravation injuries,...

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 ?

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Answered on Feb 21, 2018
Joel Friedman's answer
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 nothing or just limited work. The benefits you would get from a head injury can be complicated and it's important that you get help from someone with a lot of experience working with head injury patients....

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

1 Answer | Asked in Employment Law, Workers' Compensation and Public Benefits for Arizona on
Answered on Dec 27, 2017
Joel Friedman's answer
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 the money came from you should return it. You otherwise should follow whatever directions you get from your employer

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

1 Answer | Asked in Business Law, Contracts and Employment Law for Arizona on
Answered on Aug 21, 2017
Richard Michael Gee's answer
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.

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

1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Arizona on
Answered on Jun 22, 2017
Peter Munsing's answer
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.

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

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Arizona on
Answered on Apr 25, 2017
Charles Joseph Stiegler's answer
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.

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

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Arizona on
Answered on Apr 17, 2017
Joel Friedman's answer
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 cases are extremely fact dependent and I am available to review your case with you in person if you would like to meet with me in my office. There is no charge for the initial consultation, I can be...

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

1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Answered on Mar 1, 2017
Matthew Maerowitz's answer
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 have been charged with shoplifting and marijuana. However, the benefit is that a background check will show these charges as being set aside. You should also have an order from the Court stating...

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

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on
Answered on Sep 7, 2016
Peter Munsing's answer
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.

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.

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Answered on Aug 8, 2016
Joel Friedman's answer
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 anything or won't take you back. The issue of whether you are required to notify a potential new employer about medical problems often comes up and you should consult an employment law attorney to get...

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

1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Answered on Apr 5, 2016
Mr. Michael O. Stevens' answer
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.

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

1 Answer | Asked in Employment Law for Arizona on
Answered on Feb 21, 2016
Adam Studnicki's answer
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 evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help...

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

1 Answer | Asked in Employment Law for Arizona on
Answered on Feb 16, 2016
Adam Studnicki's answer
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 may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...

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