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Arizona Employment Law Questions & Answers
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?


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


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.

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Arizona on
Q: If you are injured on the job by a third party, & you sue the atfault party, can workers comp Take Your settlement money

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 »

Freddy Saavedra
Freddy Saavedra answered on Dec 10, 2018

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... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Arizona on
Q: Is it wrong for a company to hire a replacement before I even sign any paperwork saying I'm leaving or transferring

There was an idea of me transferring and they hired somebody even though it wasn't set in stone transfer and now the transfer isn't going through so they want to demote me

Peter H. Westby
Peter H. Westby answered on Dec 10, 2018

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.

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Can an employer tell me my cancer is considered a disability and add me to the "list" to make the numbers look good?

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... Read more »

Kai Michael Henderson
Kai Michael Henderson answered on Jun 18, 2018

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'... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I signed a non-compete with my employer but then he sold his company to a large corporation. Is the non-compete valid?

My old company was a small medical business and the non-compete was signed with that company. After the purchase of the old company I did not sign any further agreements.

Brad Denton
Brad Denton answered on Jun 16, 2018

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 »

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on
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

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 »

Joel Friedman
Joel Friedman answered on Apr 1, 2018

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... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on
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
Joel Friedman
Joel Friedman answered on Feb 25, 2018

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 »

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on
Q: If an employee sustains an injury while on the job can they chose not to file it with workers compensation?

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 »

Joel Friedman
Joel Friedman answered on Feb 23, 2018

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... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
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 ?
Joel Friedman
Joel Friedman answered on Feb 21, 2018

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 »

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