Get free answers to your Employment Law legal questions from lawyers in your area.
I was terminated today (07/12/2022) They want to give me my last paycheck on 07/22/2022
They sent an email telling me I was terminated and why and the pay date
answered on Jul 12, 2022
It is permissible for the employer to wait until your next scheduled pay period to pay you in this situation.
I only receive commission & 1099. I am asking for reimbursement for all necessary spending & maintenance costs as I’m out of pocket for all. I have had no time off, no health care , no overtime tho I am solely responsible for the business . I sign all client contracts as rep for... View More 
answered on Apr 26, 2022
You should call and attorney and request a case evaluation. Whether a 1099 independent contractor is misclassified is a fact specific analysis based on a number of factors.
If so, for a someone who doesn't speak English or doesn't speak really well, would working on learning the language demonstrate good faith? Perhaps as a means to finding more work opportunity, for example.
answered on Apr 8, 2022
In general, No! Judges must focus primarily on the requirements for an immigration benefit. Also, whether a foreigner meets at least those requirements.
Note that for other immigration benefits, outside of the immigration court, it depends upon for what purpose. For example, a person who... View More
I signed all of the paperwork, sent it back to them, started working, but never got a copy of it with their signature on it. I ended up quitting because it wasn't anything like I thought it would be. Now i'm having problems getting paid for the time I did work. I worked from home, so... View More
answered on Mar 22, 2022
If you performed work for the company, then you should be paid for it, regardless of whether you have a copy of your offer letter. You should discuss your situation with an Arizona employment attorney.
Denied my 1509hrs of 24hr in home care giving for my ex employer sum of $24,304.00 invoiced to the fiduciary. And denied due to (if is discrimination ) for I am now relationship with ex employers daughter that the fiduciary is now suing and is malicious and only acts through Ill will and now denies... View More
answered on Feb 26, 2022
An Arizona attorney could advise best, but your post remains open for three weeks. What kind of lawyer do you need? Of the categories you chose, an employment attorney might be a logical starting point. The other two categories you posted under, Employment Discrimination and Personal Injury, do not... View More
Boss new it was happening ahead of time. Told them he thought I did not want to use it due to possible surgery. They did not call me. In Az does any form of consent matter .verbal , written, digital?
answered on Feb 23, 2022
There are no federal laws that require employers to offer any form of paid time off, so if your employer does offer this benefit, it can offer it on its own terms. This means that if you are out of work for any reason, your employer can require you to used any paid time off you've accrued... View More
My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's... View More
answered on Jan 26, 2022
You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.
"The Client agrees to indemnify and hold JL Coates harmless from any and all claims, damages, liability, loss or cost (including attorney’s fees and costs of defense) to the proportionate extent that such Claims are caused by JL Coates’ negligence or willful misconduct. The indemnity... View More
answered on Dec 17, 2021
Hello, I or any other contracts attorney would be happy to help you out with this, but providing language for a contractual agreement is a service that you'd need to pay for. It's highly unlikely any attorney on here would be willing to offer their services for free to provide you such verbiage.
I work in transportation and work 60-70hrs/wk. I had to leave 2 hrs into 12 hr shift due to emergency. Employer says he doesnt have to pay since I work more than 40hrs/week. And since this specific issue is not outlined verbatim he doesn't have to pay sick pay when we work beyond 40hrs.
answered on Nov 30, 2021
Employers are only required to pay their employees for their time spent performing work. The law does not require the payment of sick time, vacation time, or any other kind of paid time off. However, if you are paid by the hour, you must be paid at a rate of one-and-one-half times your regular... View More
answered on Nov 16, 2021
Arizona is a "one party" recording state. This means that you must be part of the conversation (or obtain at least one party to the conversation's consent) to record the conversation. As long as one party (whether it's you or someone else) consents to the recording, the other... View More
My current role has been mentally draining and after signing, I am not sure if it is the right fit for me anymore. Another (and rare) opportunity opened up where I live and I am interested in exploring it but not sure if I would be breaking my contract or doing anything illegal if I do.
answered on Nov 3, 2021
The answer to your question is dependent on the language in your contract with your current employer. You should contact an employment lawyer in your area to have your contract reviewed to determine what options you have to leave your current employment (i.e., required notice periods, etc.) before... View More
I am the only one that is constantly asked to work under my coworkers who we holds the same qualification.
answered on Nov 3, 2021
Generally, an employer can require you to perform duties that you are over-qualified for. However, if you believe you are being singled out in a discriminatory manner due to your status in a protected class (i.e., race, gender, age, etc.), you should contact an employment attorney in your area to... View More
1st infraction: 1 week; 2nd: 30 days; 3rd: entire school year. No parental consent or due process. No policy on how its enforced. School administrator states that cell phones are prohibited items: my concern is the safety of the students. Many parents rely on cell phones to track their children,... View More
answered on Oct 22, 2021
Yes.
Limiting access to mobile telephones for school students by the school Administration is completely Constitutional. The school implements its rules and oversees education , social and safety parameters of that educational institution.
The school may and should limit any... View More
Is this the norm? They can use it forever?
answered on Oct 20, 2021
Yes it is
Most likely it is in connection with the specific acting or work you are doing.
Consult with an attorney.
This is not legal advice.
Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?
Will a dismissed case affect my chances of getting hired ?
answered on Sep 10, 2021
Ah, the lawyer's favorite answer: "It depends."
If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative.... View More
I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... View More
answered on Aug 14, 2021
I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... View More
Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company
answered on Jul 27, 2021
Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... View More
answered on Jun 28, 2021
An Arizona attorney could advise best, but your question remains open for a week. It sounds like it might be a difficult case. With such cases in general, connecting the infestation to the alleged source (to the exclusion of other possibilities) could sometimes present challenges. Additionally, if... View More
In situations where it's not due to gross negligence nor is it intentional can servers be forced to pay? Assuming there is no written consent, when can servers be held financially responsible?
answered on Jun 1, 2021
Under the Fair Labor Standards Act, it is unlawful for your employer to deduct unpaid bills from your pay (or otherwise reduce your pay) if this would result in your hourly wage falling below minimum wage. If your server hourly rate + tips does not equal at least your state's minimum wage per... View More
I just started a new job recently and during training was instructed that I was allowed to clock in "up to 5 minutes" before the hour my shift starts.
I have been doing this and discovered last night that the times I'm being paid for have been adjusted compared to what they... View More
answered on May 12, 2021
How many hours per week are you working? The Fair Labor Standards Act allows for rounding, as long as the rounding system does not result in a failure to count as hours worked all the time employees have actually worked over a period of time. I would reach out to an employment attorney because more... View 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.
