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Arizona Employment Law Questions & Answers
2 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Arizona on
Q: Is it legal for my employer to potentially lay me off or offer a lower-paying job after a workplace injury?

I was run over by a snowcat at work, requiring hip surgery and leading to ongoing medical treatment. I'm part of a union and filed a workers' compensation claim that is still ongoing. My employer has kept me on light duty for two years but hasn't offered a full-time position or... View More

Joel Friedman
Joel Friedman
answered on Mar 25, 2025

Good afternoon. Your question is about more than a workers' compensation (WC) claim, and potentially involves additional or separate rights you may have under the collective bargaining agreement (contract) between your employer and the union, and possibly rights you may have under the... View More

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1 Answer | Asked in Employment Law for Arizona on
Q: My job, im working two different departments and the other department gets paid more than i, is this legal?
Joel Friedman
Joel Friedman
answered on Nov 24, 2024

This is not a workers' compensation case. It seems you are being paid at the lower rate for one of the two departments where you are assigned, even for work you do in the department in which other employees are being paid a higher rate. That is an employment law question and I would suggest... View More

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.

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.

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.

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

1 Answer | Asked in Employment Law for Arizona on
Q: Can I join a sympathy strike as a union subcontractor?

I work as a simulator instructor pilot under a collective bargaining agreement (CBA) with my union for a large corporation as a subcontractor. We have 9 employees under my subcontractor and 31 with the prime contractor. The employees for the prime contractor are going on strike with their union,... View More

James L. Arrasmith
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answered on Apr 13, 2025

As a union subcontractor, you may have some rights to participate in a sympathy strike, but it depends on the specifics of your collective bargaining agreement (CBA) and the laws in your jurisdiction. Sympathy strikes are often not protected under federal labor law, especially if you're not... View More

1 Answer | Asked in Employment Law for Arizona on
Q: Options after suspension over alleged theft and performance disputes.

I have been with my company for almost 9 years and had satisfactory performance reviews until I started working with a senior executive as her executive assistant 2.5 years ago. About 1.5 years ago, she started complaining about my performance, but I believe it was due to her unrealistic... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a very difficult situation, especially after many years of good performance. Since you're on suspension while an investigation is ongoing, it’s important to fully cooperate with the process and maintain documentation of your side of the story, including any... View More

1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Arizona on
Q: Accepted AZ project job offer, delayed; legal recourse under TX/AZ law?

I accepted a job offer for a night project in Arizona from a Texas-based company, with a confirmed start date of April 6th, communicated via email and text. After preparing for the job, including completing online training and submitting required documents, I was informed the project has been... View More

James L. Arrasmith
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answered on Apr 11, 2025

This sounds incredibly frustrating, especially after preparing, turning down other work, and relying on a firm start date. In both Arizona and Texas, job offers like this can fall into what's called “promissory estoppel” if you relied on the promise to your detriment—like declining that... View More

1 Answer | Asked in Business Law, Contracts, Employment Law and Energy, Oil and Gas for Arizona on
Q: Can my solar panel loan be forgiven due to installer bankruptcy?

I had solar panels installed by Titan Solar, which provided a 30-year guarantee on repairs at no charge. Unfortunately, Titan Solar has gone out of business. I've had to pay out-of-pocket for a broken inverter, and that service provider is also now out of business. The financing for my solar... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, and you’re not alone—many homeowners have found themselves stuck when a solar company goes under. Even though Titan Solar promised a 30-year repair guarantee, that obligation often disappears when the company files for bankruptcy. Unfortunately, the financing... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Employment Law and Federal Crimes for Arizona on
Q: Emotional distress due to probation and halfway house treatment. Seeking help with alleged misconduct.

I'm experiencing emotional distress due to my partner's treatment by the state. He recently left a 17-year incarceration and was doing well until he returned to using substances. His probation officer (PO) and sister played a role in returning him to incarceration. Since then, he's... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand how distressing this situation must be for both you and your partner. Dealing with the system can feel overwhelming, especially when you believe there's been misconduct. Your commitment to supporting your partner through this difficult time speaks volumes about your character and... View More

2 Answers | Asked in Bankruptcy, Employment Law and Business Law for Arizona on
Q: What legal actions can I take to recover lost 401(k) and vacation funds after company bankruptcy?

I worked for a company that deducted 401(k) contributions from my paycheck but kept the money for almost a year. They also stopped matching funds for two years without notifying employees before going out of business and filing for bankruptcy. The company did not pay us for three weeks of lost... View More

Timothy Denison
Timothy Denison
answered on Feb 20, 2025

You’ll need to hire a lawyer and file a proof of claim and an adversarial proceeding g in the company’s bankruptcy action.

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1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Arizona on
Q: I was denied returning to job site developed anxiety and depression working from home. Can a personal injury lawyer help

Dr’s advised I return to my normal activities my daily life. My short term memory would return being back in my environment. I submitted three Dr releases that my employer denied.

James L. Arrasmith
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answered on Jan 9, 2025

Your situation sounds challenging, and it's understandable that you're seeking legal guidance. A personal injury lawyer might be able to help, particularly if your employer's actions have worsened your condition or violated your rights under employment and disability laws.... View More

1 Answer | Asked in Employment Law and Health Care Law for Arizona on
Q: I worked for a hearing aid company. I was given a pair of hearing aids by them. They eliminated my position and now are

Asking for them back? Do I have to return them?

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. In general nationwide, return of such items could depend on any agreement that came with them, outright gift/perk, use for duration of employment, or other. Otherwise, a local attorney could advise more... View More

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