ARIZONA EMPLOYMENT LAW
Employment Law, or Labor Law, in Arizona governs the employer-employee relationship. Issues involved in this relationship include health and safety, hiring and termination practices, sexual harassment, wrongful termination, wages and hours, and disability law. The Industrial Commission of Arizona handles employment law complaints and cases.
Wrongful termination, sexual harassment, and discrimination cases are only a few of the kinds of employment cases that require the assistance of an Arizona employment attorney because of their complicated nature and need for the compilation of evidence. However, no matter what your case, seeking the advice of an Arizona employment lawyer is generally recommended.
Why Hire An Arizona Employment Attorney?
There is a complicated interaction in Arizona employment law between Arizona and federal law, and this interaction must be precisely investigated and compellingly argued for success in your Arizona employment law case. An Arizona employment lawyer can assist you in submitting a claim for wages with the Industrial Commission of Arizona, structure and argue a discrimination claim against your employer, and/or convincingly assert a case for wrongful termination. In addition, an Arizona employment attorney can tell you what claims are valid according to Arizona employment law, and which are frivolous and will just end up costing you money and time.
Wrongful termination claims can be difficult for a former worker to file against his old employer. There may be a great deal of bitterness and awkwardness inherent in the situation. Because this is the case, hiring an Arizona employment attorney to guide you and help communicate with your former employer is a smart decision. Hiring an Arizona employment lawyer is also a good decision if you have questions or concerns about your rights and benefits under Arizona employment law.
Wrongful Termination In Arizona
In Arizona, employment is “at will.” As such, a worker may leave his occupation at any time, and an employer may terminate an employee for any reason, or no reason, whenever he wishes, so long as his reason for termination is not illegal or discriminatory. However, employees who have employment contracts may generally only be fired for reasons specified in the contract.
If an employer’s termination of an employee is discriminatory or illegal in Arizona, the worker may file a wrongful termination claim against his boss. The following reasons for an employer’s termination of an employee are considered illegal in Arizona:
Get in touch with an Arizona wrongful termination attorney if you have questions about filing a wrongful termination claim.
As previously mentioned, when an employer terminates an employee for a discriminatory reason, it is considered wrongful termination in Arizona. Federal law and Arizona law do not permit people who are otherwise qualified and experienced for a position to be terminated or not hired based on a disability or based on their age (over 40). Otherwise qualified individuals also cannot be terminated based on their sex, race, national origin, or religion, nor can pregnancy be the reason for an employee’s termination if the pregnancy is viewed as a disability. For your wrongful termination claim to succeed, you should seek advice from an Arizona wrongful termination attorney.
Employee Wage/Hour Concerns in Arizona
Effective January 1, 2011, the minimum wage in Arizona is $7.35 an hour. Arizona mandates that employees be paid regularly and at least twice a month. Contact an Arizona employment lawyer about filing a “Wage Claim Form” with the Arizona Labor Department Industrial Commission, if your boss does not pay you your wages. An Arizona employment lawyer can be of invaluable assistance in these matters.
Working overtime in Arizona is whenever you work more than 40 hours a week. For any hours over 40 worked, you are entitled to overtime pay of 1.5 times your normal wage. Overtime pay is mandated by the federal Fair Labor Standards Act (FLSA) and is enforced by the United States Department of Labor, Wage and Hour Division. In Arizona, there is no legal maximum number of hours you can work per week, so it is possible to earn a great deal of overtime pay. Claims for unpaid overtime pay should be submitted to the Industrial Commission of Arizona. Prior to filing your claim, you should discuss your claim for overtime pay with an Arizona employment attorney.
Arizona Employment Benefits
Private employers in Arizona are not required by Arizona law to provide their employees with sick leave, life insurance, medical benefits, paid vacation days, or meal breaks. Arizona also does not mandate short-term disability leave and maternity leave. Expectant mothers are, however, entitled to 12 weeks of unpaid maternity leave under the federal Family and Medical Leave Act (FMLA).
Although Arizona disability law does not require short-term disability compensation for workers who become ill or injured for reasons unrelated to their employment, workers who are injured on the job, develop an occupational disease, or who are injured because of their jobs are entitled to compensation in varying amounts depending on their type of injury or illness. If you have been injured on the job, or because of your job, you should contact an Arizona workers’ compensation attorney to discuss your possibility of recovery. An Arizona employment attorney can further help you understand the relationship between federal and state employment laws that may pertain to your case.
Arizona Employment and Labor Law Statutes
Arizona Revised Statutes – Labor