Get free answers to your Employment Law legal questions from lawyers in your area.
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... View More 
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... View More
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
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.
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... View More
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'... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
I accepted thinking it was just a Christmas card, and opened at the end of my shift, had $40 inside, and am being asked to return it upon receiving a tip, do I have to return it?
answered on Dec 27, 2017
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... View More
Got it on my phone, they told me 11.37 hr n i txt n ask if i was making 10hr n they txt back no your making 11.37 hr, but my check stub says 10 a hr n now after them telling they will change it to 11.37 a hr n give me back pay, but 2 months later still getting 10 a hr. Got all the info saved that... View More
answered on Aug 21, 2017
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.
answered on Jun 22, 2017
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.
IS IT ILLEGAL UNDER EEOC OR SEXUAL DISCRIMINATION?
answered on Apr 25, 2017
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.
I was permanently injured in a car accident in 2010, I was able to work through that injury, this new work injury (required knee surgery (unsuccessful)) of 03/18/16, I am not able to, and the employer has refused to employ me further.
answered on Apr 17, 2017
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... View More
I recently had shoplifting and a marijuana charge "set aside" by the Phoenix court. I am aware this is not the same as expungment. So my question is, can these charges still be held against me when renting an apartment or applying for a clearance card? I cant seem to find a straight... View More
answered on Mar 1, 2017
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... View More
answered on Sep 7, 2016
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.
answered on Aug 8, 2016
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... View More
I am 16 years old and I live in Maricopa, Arizona. I am looking to apply for a job, but they asked "Have you ever been of or sentenced for any violation of the law?" on their application. When I was 14 years old, I took a plea deal and I plead guilty to two misdemeanors and got placed on... View More
answered on Apr 5, 2016
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.
I manage a circle k and was recently asked if I could manage two stores. Because I was multi manager I received a 300 dollar stipend every week. Recently I had to get surgery, I used sick time for my surgery and went back a week later. I almost passed out and my boss sent me home and informed not... View More
answered on Feb 21, 2016
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... View More
Does it matter where the headquarters are? What happens if the company has operations in multiple states including the one were you are going, or the company you are moving to has operations in the state you are coming from. Because it is my understanding the IDD is not applied equally across all... View More
answered on Feb 16, 2016
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... View More
I was told my check would no be at my 32$ an hour for my last check,but 8.05$ an hour because I didn't give a 2 week notice.
answered on Jan 27, 2016
Unlikely, unless that was the agreement. Check with 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... View More
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