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Arizona Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Arizona on
Q: I was "stood down" by my employer do to my mental health. Now they are threatening to enforce the attendance policy.

Please tell me how to proceed? Especially if they do not wish to say anything via email.

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 6, 2022

More information is needed to answer your question. You should contact an Arizona employment attorney to discuss your situation in greater detail, because disability-related issues are highly fact dependent.

1 Answer | Asked in Employment Law for Arizona on
Q: I was terminated from this organization today. Should they pay me within 7 days or can they wait till the pay period?

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

Rhiannon Herbert
Rhiannon Herbert
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.

1 Answer | Asked in Business Law, Tax Law and Employment Law for Arizona on
Q: Have I been misclassified as independent contractor ? I have been running a business for someone for 8 yrs .

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... Read more »

Rebecca Hill
Rebecca Hill
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.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Immigration Law for Arizona on
Q: Do judges ever require ppl to demonstrate he or she is trying to better themselves by learning something? Is it common?

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.

Kevin L Dixler
Kevin L Dixler
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...
Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I'm currently work from home, a company sent me an offer agreement, I signed all the paperwork

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... Read more »

Rhiannon Herbert
Rhiannon Herbert
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.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Arizona on
Q: What lawyer would I need if iv been denied for my invoice by fiduciary of ex employer due to lack of detailed services?

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... Read more »

Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Is it legal in the state of Arizona and working for a town , for them to use my sick leave without my concent .

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?

Rhiannon Herbert
Rhiannon Herbert
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... Read more »

1 Answer | Asked in Education Law and Employment Law for Arizona on
Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

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... Read more »

Rhiannon Herbert
Rhiannon Herbert
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.

1 Answer | Asked in Employment Law and Contracts for Arizona on
Q: Would like verbiage for an Indemnification Clause please, we own an interior design studio and do not provide labor.

"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... Read more »

Nadine Sameer Deeb
Nadine Sameer Deeb
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.

1 Answer | Asked in Employment Law for Arizona on
Q: In Az, is employer required to pay sick pay if emp works 60-70 hrs/wk and is sick 1 day?

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.

Rhiannon Herbert
Rhiannon Herbert
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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Is it legal to record someone on your phone
Rhiannon Herbert
Rhiannon Herbert
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... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Is it illegal to interview for another job after signing a multi-year contract with my current employer?

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.

Carrie Dyer
Carrie Dyer
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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Being asked to perform duties that I am over qualified for constantly.

I am the only one that is constantly asked to work under my coworkers who we holds the same qualification.

Carrie Dyer
Carrie Dyer
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... Read more »

1 Answer | Asked in Employment Law, Immigration Law and Civil Rights for Arizona on
Q: School principal is confiscating cell phones and keeping them for an unreasonable amount of time: is it constitutional?

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,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
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...
Read more »

1 Answer | Asked in Contracts and Employment Law for Arizona on
Q: I got an acting gig & in the contract they are saying they will be allowed to use my image or likeness in "perpetuity"

Is this the norm? They can use it forever?

Marcos Garciaacosta
Marcos Garciaacosta
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.

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Arizona on
Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

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 ?

Mike Branum
Mike Branum
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....
Read more »

Q: My name is Danielle. I have a question about unemployment and needing representation for an appeal.

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... Read more »

Joel Friedman
Joel Friedman
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... Read more »

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

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

Rhiannon Herbert
Rhiannon Herbert
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... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Health Care Law for Arizona on
Q: If a home healthcare agency sends an aide to a client's house that brought bed bugs into the clients home,can he sue?
Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: In Arizona, is it legal to make a server pay for unpaid bills from walk-outs?

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?

Rhiannon Herbert
Rhiannon Herbert
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... Read more »

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