Lawyers, Answer Questions  & Get Points Log In
Arizona Employment Law Questions & Answers
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 »

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Can someone get hired over me if they have no experience in that position at all and I have the most

Also job was not offered to anyone at all it was given to person with no experience

Carrie Dyer
Carrie Dyer answered on May 27, 2020

An employer does not necessarily need to hire the individual with most experience. However, an employer cannot make a hiring decision based on an unlawful motivation. If you can demonstrate that you were not selected for the position on the basis of your membership in a protected class (i.e.,... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: My employer wants me to return to work asap during covid. I signed a paper stating that they want us to return 4/30/2020

I am currently home schooling my children and still feel unsafe returning to work. Do i have the right to tell them I will return on the date provided on the paperwork i signed.

Rhiannon Herbert
Rhiannon Herbert answered on Apr 22, 2020

This will depend on the size of your employer and what services it provides. If your employer has more than 50 but fewer than 500 employees and you are not employed in a healthcare or emergency responder role, then you may be eligible for additional partially-paid leave to care for your children... Read more »

1 Answer | Asked in Business Law, Construction Law, Contracts and Employment Law for Arizona on
Q: if i work for one client at a time and i stake construction without survey license, im within ARS 32-101?

j

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

You are not competent to read the law and determine what it means and whether you can do what you are trying to do. While I have not read the law either I can tell you that if ANY Florida law requires any sort of "certification" before anyone can do whatever the law covers, you cannot... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: If I fired an employee for cause and put not rehireable in the file. Does AZ have a law to protect that decision
Kyle Anderson
Kyle Anderson answered on Mar 25, 2020

Arizona is an at-will state meaning, generally, you can terminate an employee for any reason, as long as it is not an unlawful reason. There aren't laws in place to protect you as an employer, only to protect the employee. The protections extended to employees generally involve terminations... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I asked the owner where I work for a raise he said I will never get a raise because I'm a dishwasher is this discriminat
Stewart Salwin
Stewart Salwin answered on Mar 13, 2020

An employer can set the wages for an employee at any point that they like provided two things are true:

1) The wage is at least the minimum wage set by law. In Arizona in 2020 this is $12 an hour.

2) The employer is not giving you a lower wage because you belong to a protected...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Workers Comp and returning to work. Im still in pain

Ben off 5 months with comp, My Dr says sedentary work restrictions in Jan. Ins company wanted 2nd opinion that Dr said the same thing sedentary duty. 2 weeks later IME Dr thew me under the bus and said I have 0% on report for all areas of any kind. Boss says get to work by Monday morn. Id... Read more »

Joel Friedman
Joel Friedman answered on Mar 7, 2020

The answer is not a simple yes or no and it depends first on what your injury is, what your regular job is, where you were working when you were injured, who has been your treating doctor, who you believe was a "second opinion" doctor, and who the IME was. It is very rare in AZ to have an... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Hello. I am a teacher at a charter school. I think I am suffering hostile work harassment. Please advise me

A new female assistant principal started to work at my charter school. She suddenly and abruptly comes to my class, or will raise her voice at .e in front of my class. Last week she observed my class in order to grade me. This in turn, is used to see if my employment contract gets renewed the... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 5, 2020

I'm sorry to hear about your situation. Arizona and Federal employment discrimination laws prohibit discrimination on the basis of certain protected classes, such as age, sex, race, and national origin. If an employer discriminates against you because of your membership in one of these... Read more »

1 Answer | Asked in Employment Law, Health Care Law and Medical Malpractice for Arizona on
Q: I need advice on how to proceed about a severance offered after being fired
Stewart Salwin
Stewart Salwin answered on Feb 22, 2020

Although severance pay is not required by law in Arizona, employers will sometimes offer a severance package when they are terminating an employee. Employers can offer a severance package out of the goodness of their hearts to soften the blow of an involuntary termination, but the main legal... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for Arizona on
Q: Im on sedentary work and my WC stopped. If Im stuck like this what happens? Full abdominal reconstruction. IME next.

I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... Read more »

Joel Friedman
Joel Friedman answered on Feb 18, 2020

Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: My surgeon released me light duty, must I take back 2work program non profit or can I find my own job?

I still dont feel better.

Joel Friedman
Joel Friedman answered on Feb 2, 2020

Hello, thanks for your inquiry. That's a good question - I would advise against looking for different work than what you are being offered. The nonprofit place is more likely to accept your limitations from the doctor who put you out on light duty and if not you have a direct contact to your... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: JAN 2019, I STARTED WORKING ON THE 14TH AND SIGNED ON FOR A GUARANTEED PAY FOR THE FIRST YEAR OF 35K THAT CHANGED IN JUL

JULY OF 2019 TO THE AMOUNT OF 45K WHAT AM I OWED FOR THE GUARANTEED PAY?

Joel Friedman
Joel Friedman answered on Jan 18, 2020

I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Social Security for Arizona on
Q: I am without gainful employment with an unnoticed permanent total disability of a traumatic brain injury can I get help

Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I'm sorry for the impact this injury has had upon your life. You chose categories that make sense for injury/disability. But you mention the Industrial Commission of Arizona. If this involves an injury that occurred in the course of your employment, and you had a workers' compensation... Read more »

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Workers' Compensation for Arizona on
Q: Live in caregiver and client’s son verbally agreed upon a set payment amount and schedule but still hasn’t been paid.

I was asked by a friend to move to Arizona from San Diego into his mother’s house to be hired as her live in caregiver. Her son and I agreed to a set rate and payment schedule, and verbally confirmed our agreement several times, and though I’ve been here for 4 months now, I haven’t been paid... Read more »

Mike Branum
Mike Branum answered on Sep 13, 2019

You would need to file a small claims action. It will need to be filed in Arizona, which may be difficult if you move it and move back to Cali.

1 Answer | Asked in Contracts and Employment Law for Arizona on
Q: Can I be held responsible for a $2,000 penalty for breaking a contract I never signed but have been operating under?

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 »

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 6, 2019

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.

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.