labor lawAdivision of labor law center

In Arizona the Industrial Commission of Arizona is the governing body of labor issues.  It was originally founded to help with workers compensation issues in 1925.  Since then this organization has taken on almost all of the responsibilities that are associated with the laws of labor to help you in Arizona.  The commission is run by a five member committee.  This five member committee is picked by the governor of the state however approvals of these appointments must go through the state’s legislature.

This organization oversees all of aspects of labor laws for you.  These range from protecting the minor workers in the state to administering the health and safety of the various employers throughout the state.  This commission also helps you to handle all issues in regards to workers compensation and wage issues.  They are also responsible for the control of OSHA in the state of Arizona, thus making them the overseers of your safety while working.  They work to make sure that you are always in a safe working environment through education and making and enforcing safety rules for the workplace.  They want to provide for you the ability to go into work and not have to worry about whether or not you are going to come home hurt and if so what they are going to do about it.

The ICA is run by Larry Etchechury who is the director as appointed by the governor.  This commission oversees all activities and laws that are provided to protect you.  They cover all areas of labor in the state of Arizona, ranging from minor labor laws to overtime and everything that can be found in between.  They are responsible for both the administration and the enforcement of these laws as well.  They also ensure that companies are in compliance with these laws ion regards to you.

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1. Posted by: Marcia Diane

   To Whom It May Concern,
   My colleagues and I have questions concerning practices we consider to be unfair and perhaps illegal and want to know the truth about our situation.

   We are counselors on salary, not wages. We were hired to work 8am to 5 pm Monday through Friday. We rotate being on-call, as this is a residential treatment center (our place of employment is CVH, company name deleted) for substance abuse. Until recently our employer has paid for one counselor to work on Saturday and another counselor to work on Sunday; each will run the program alone that day.

   Recently the employee who worked Sunday quit and our management has stated they will not replace the counselor. They have mandated that we have to rotate working Sunday when we are scheduled to be on-call. We will be compensated a day off for working Sunday. However, none of the counselors had agreed to do this before hand and none want to do this.

   Is this legal to mandate we work on Sunday when this was not the condition we agreed to when hired? We are in essence being forced to work on Sunday or quit. In addition, since it is the counselor on call that works Sunday, that person may be called in all hours of the day or night on Saturday or Sunday, if required. This has produced a very tired counselor when faced with this situation. Our patients are sometimes in jeopardy of using drugs or drinking alcohol and it could be a life or death situation if staff members are not alert. In addition, we are chronically understaffed in all departments.
   Please email me and let me know if this is fair practice or what recourse we may have.
   Thank you so much for a prompt reply.
   Marcia

2. Posted by: Amelia

   Hi Marcia!

   It sounds like this is really a tough situation for you and your fellow counselors.

   Although none of you was hired to work on Sunday, employers are permitted to change working conditions. So yes, you probably do have to work an occasional Sunday.

   The on-call situation is more problematic. For a more complete answer, post your question on our sister site for employees, http://www.laborlawtalk.com.

   Thanks for reading! Amelia

3. Posted by: Tameria Arredondo

   Hi,
   An employee has been employed since April. She finds out she is pregnant in October. Soon after her she is told she has a high risk pregnancy and is put on a Doctor ordered restriction. The restrictions make it impossible for her to preform her job. She is told they cannot accomidate her and she will have to go on short term disability. Two days before she qualifies for FMLA she is told she is being terminated because did not come back to work. At the time she is on full bed rest and trying to keep the twins as long as she can. She call Cardinal and says find something for her to do because she can not lose her job and health insurance. She is told not to come to work. Management calls HR. They say they will not terminate her. She can use 2 days of her Paid Time Off, (she has used none) that will take her to April 30 and she will qualify for FMLA. Since that time they have terminated her, she lost her benifits and the insurance will not pay the Hospital Bill because they say she was terminated on in April. How can a company state that you can not come to work and then terminate you because you did not come to work?

4. Posted by: Amelia

   Hi Tameria! Unfortunately, there’s a dilemma here. The employer can’t allow an employee with restrictions to work, because if she lost the babies, the employer might be sued. By the same token, the employer is not required to grant benefits that the employee hasn’t earned yet. Employees must work for the employer for 12 months to qualify for FMLA. If the employer has more than 20 workers with health insurance, the employee should be entitled to COBRA insurance coverage. For a complete answer to all your questions, post them at our sister site, http://www.laborlawtalk.com. And thanks for reading our blog! Amelia

5. Posted by: Franchesca

   Hello, I’m pretty sure that it’s against some Arizona labor law for me to work an 8-9 hour shift without a lunch break. I have been working for this company for a year and 9 months. I have never complained about the fact that I don’t get a break but now I am 4 months pregnant and I really need to make sure that I eat a nutritious meal instead of the unhealthy snacks that I’ve been bringing. I asked my supervisor to please ask her boss if I can have at least a 1/2 hour break. I have not been given a straight answer from anyone and I continue to get lame excuses and reasons why my request has not been filled. Where can I find something that states the law clearly on this subject, in writing, so I can give it to my bosses and possibly threaten to report them?

6. Posted by: Amelia

   Hi Franchesca! For complete answers to this and all your HR questions, post them on the forum at our sister site, http://www.laborlawtalk.com. And thanks for reading the blog!! Amelia

7. Posted by: Jason

   Amelia, my helper and I were pulled into the conferance room by the plant manager and were told that our services would no longer be needed at this company. We were given no reason why whatsoever. We have been bending over backwards for the past six months putting in over 200 hrs of overtime. Working 7 days a week sometimes, day shifts and night shifts all in the same week, 12hr shifts, 14 plus hr shifts. Sure we complained sometimes but it was ridiculous. They knew I lived a good hour away too, and my helper is 60 years old and had a heart attack and was taken from this company’s premisis by ambulance but whatever we gave it was never enough. I was with this company for almost 6 years and my helper over 3. Of course there are more injustices that I could write that we suffered but this is only about the question of our dismissal, WITH NO REASON. When I asked why we were told Arizona is a funny state, it’s a right to work state. That’s it nothing more, also our positions were immediately filled by two new men off the street. It just doesn’t seem fair. Jason

8. Posted by: Amelia

   Hi Jason — I feel your pain! The supervisor understood the concept, but used the wrong language. “Right to work” does not apply in this case. It simply means that employees can’t be required to join a labor union, in order to be hired. The supervisor should have said that Arizona is an “employment at will” state, meaning that an employee can quit without giving any reason at all. By the same token, an employer can fire a worker, without giving any reason at all. There are exceptions for discrimination based on age, sex, race, color, religion, pregnancy, etc. For a more complete answer, please post your question on our sister site http://www.laborlawtalk.com. And thanks for reading the blog! I know things will get better for you! Amelia

9. Posted by: Ismael

   My collegues and myself have concerns about our employer. We are truck drivers who haul fuel. We have been paid a incentive to cross state lines but, now in a recent pay check I observed that I was not paid that incentive. I advised management and was told that they can make a choice without notice not to pay that incentive. Several of drivers were not compensated as well as myself? Can they do this?

   They also make the employees sign a agreement that when we are in refinery racks or fueling the tanker for the next customer, regardless if it takes the employee 3-4 hours we are to give the company the first hour without pay? Can they do this?

   Also, if we have made a mistake on our pay sheet on miles or time or did not put any delays, they do not pay us and don’t advise us until we receive our checks and advise them why weren’t we paid. We also, have two ladies in the office who can catch these mistakes before, the checks are issued, but don’t. Then we are told that we have to wait to get paid until the next pay period? Which would be two weeks because we get paid every two weeks. I think it’s only fair they pay us immediately, not have to wait two weeks until the next payday? Can they do this? Please advise at your earliest convenience . Thank you.

10. Posted by: Amelia

    Hi Ismael! That’s a complex situation! For complete answers to your questions, please post them at http://www.laborlawtalk.com. And, thanks for reading our blogs! Amelia

11. Posted by: Deborah

    I was hired on with a company on March 31, 2008. When I was hired I attended a training and completed new hire paperwork. I was told we would be paid for the training. However, my first salaried paycheck was from April 1st to April 15th and did not include March 31st. Then, about five weeks after I started, they sent me an employee handbook which they had revised on April 15t. I believe this his effected my employment status. When I was hired, I was lead to believe this was a permanent full time salaried position. However, the revised handbook which I was forced to sign (I have a letter that states they will hold any further checks until this revised handbook acknowledgement is signed) appears to have changed my status to a “temporary employee” during the probationary period. I believe the company is having cash flow problems and on June 27th 2008 I was terminated from my salaried position and was offered a commission only job. The company has not been advertising so many of the employees on commssion have not had any business. I could not afford to take that position as my expenses would have excceeded my income. I applied for unemployment and it appears as though I will not qualify do to my so called “temporary status” will the company. Is there anything I can do? I am actively looking for work.

12. Posted by: Amelia

    Hi Deborah! Wow, this is a tough problem. For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs! Amelia

13. Posted by: Jennifer Guajardo

    Hello,
    I am 5 1/2 months pregenant and work remotely for a company based in Denver, CO. I am being laid off and my last day of work will be 9/15/08 and they are offerring me 2 month salary as a severance. I have been with this company for 9 years and feel that this is an unfair practice. Do you have any suggestions on who I could contact regarding this matter?
    Thanks.
    Jennifer

14. Posted by: Amelia

    Hi Jennifer! That’s a very tough situation. For a complete discussion, please post your question on our sister site, http://www.laborlawtalk.com. Thanks for reading the blogs!~ Amelia

15. Posted by: KateJ

    I am trying find any kind of Arizona ruling, or precedent; I work in Az for a Nationwide company that just cut Arizona wages by 20% (across the board) due to the enconomy. As a result, I have tendered my notice, and my final wages will include 140 hours of unused vacation. I have been told that that vacation “pay” will be on the 20% reduced basis. If I accumulated the vacation time before the wage cut, shouldn’t I be paid on that previous salary basis (20% reduction is a chunk!)

16. Posted by: Amelia

    Hi Kate! For a complete discussion of this important issue, please post it on our forums at http://www.laborlawtalk.com. And thanks for reading the blog! ~ Amelia

17. Posted by: Codi

    I was hired on with a company in August 2006 making this August my two year anniversary with the company. At one year full time employees like myself get one week paid vacation and at two years we get two weeks of paid vacation. In February of this year we were bought out by a new corporation but we are still the same company. I put in for my two weeks vacation and I am being told by the company that I am no longer eligible for the vacation time. They said that I would have had to already have that time built up before we were bought out by the new corporation. This does not seem fair or legal. I was not informed that I would lose my vacation time at the time of the purchase along with many other employees at my company. Do you have any suggestions on who i could speak to or what needs to be done in order to get my paid vacation?

18. Posted by: Amelia

    Hi Codi! This is a tough situation! For a complete answer to your question, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs! ~ Amelia

19. Posted by: Lynn

    I would like to know if you are a salary employee and you call out sick is there a law that says the employer has to pay you. Our employee handbook does not say there is a limit for salaried employees only a cap on hourly employees sick time. Thanks

20. Posted by: Amelia

    Hi Lynn! This is an interesting issue! For a complete answer, please post it at our HR forum on http://www.laborlawtalk.com. And thanks for reading the blogs!~Amelia

21. Posted by: Lynn

    Message
    I work for a Telemarketing company and we have inside sale reps. We have been paying them commission vs hourly (minimum wage).

    We are finding that several of our reps. have come to rely on the minimum wage and are not making sales. Do we have to pay minimum wage or can we just pay straight commission? If we do have to pay minimum wage vs commission, do we have to pay overtime for any hours worked over 40 even if we did not ask them to work those hours, or can we just pay minimum wage?

    Thank you

22. Posted by: Amelia

    Hi Lynn! Yes, you’ll need to pay the minimum wage to your employees. Outside sales people can be salaried exempt under the federal FLSA, but not inside sales people. That same law requires employers to pay overtime to any worker who puts in more than 40 hours per week — even if the employer did not ask the worker to do so. In fact, even if the employer specifically forbids employees from working overtime, they can be fired or disciplined for it, but they must be paid time-and-a-half for each overtime hour worked.

    There is a simple solution to both of your problems. You can establish minimum sales quotas for each employee, and discipline or terminate those who do not meet thier quotas. The slackers will quickly find that they need to perform better, if they are written up when they don’t. The minimum acceptable sales level can coincide with the effort necessary to get their commission up to minimum wage level.

    You can also establish a firm policy of not allowing overtime unless it is specifically approved by a supervisor, and disciplining any employee who works unauthorized overtime.

    By the way, we have a special forum for employers and HR pros set up to answer questions exactly like this. It’s at http://www.humanresourcesblog.com. Feel free to ask any questions over there. And thanks for reading the blogs!~ Amelia

23. Posted by: chris

    Amelia
    I have been working for a family owned company that refused to pay overtime. I have worked about 1 hour overtime a week for the last 7 1/2 years
    they have also altered payroll records to show that I only worked 40 hours a week. What should I do.

24. Posted by: Amelia

    Hi Chris! Well, I have good news and bad news. First, the bad news. Arizona does not have any overtime law at the state level.

    Federal law may apply if the employer has annual revenue of $500,000 or more. Or, if the employee’s duties include interstate commerce (mail, using email or the Internet, catalog sales, buying from out-of-state vendors, accepting credit card payments, etc.)

    So you may not be entitled to overtime at a higher rate.

    Here’s the good news: Under both Arizona and federal law, employees must be paid for all hours worked. That means that while you may not be entitled to time-and-a-half for that extra hour, you are entitled to payment at your regular rate.

    You should contact both the Arizona Industrial Commission and the Wage and Hour Division of the US Department of Labor at http://www.dol.gov about this. Usually, their investigations and back wages only extend for 3 years in the past.

    It may also be time to look for a job with a more ethical employer. For more suggestions, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blog!~ Amelia

25. Posted by: jon

    I worked at a convenience store for 2 years and had no write ups. They fired me for giving a customer a refilll price insted of regular price when the customer comes in the store a lot. I guese you just can’t be nice to people any more. It was a total of 60 cents. How can that be legal? When another employee lost them over 200 dollars in cash, in the same month, he did not even get written up for it the last 2 times. He did the first time. How is that fairor even legal, for them to that?

26. Posted by: Amelia

    Hi Jon! Most people would agree that treating employees fairly is just good management. However, there is no law that companies must be managed well.

    An employee might easily see charging regular customers a lower price as just being nice. In fact, the employee might believe that it is good for business. But, the business owner may see it as stealing. To him, it is very much like giving your friends free candy bars. That said, a good manager would simply tell the employee not to do it again, rather than fire him or her.

    Without knowing all the details, we can’t tell if the $200 incident is relevant or not. If the decision to fire or not fire the worker was made based on his or her race, color, religion, sex, age (over 40), pregnancy, disability, etc. then it would be illegal discrimination. However, if the decision was made for another reason — even an unfair one — then it is not illegal. For a more complete discussion, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia

27. Posted by: Amber Holmes

    I feel that I have been wrongfully terminated from [employer name deleted]ST in Safford, Arizona. When I was hired in Oct. of 2007 there were two requirements that went along with the job: 1. That I obtain a CDL and 2. That I obtain my Level I (one) Wastewater Operator certification. Both of these requirements needed to be met within my first year. Not only have I met both requirements, I was also able to pass my level II (two) certification in that amount of time.
    Once I was hired , my boss and my coworker both told me that on the day of my initial interview, another person who has an office in the building but doesn’t actually work for ST (he works for the City of Safford, ST’s client) said, “You’re not going to hire that dyke, are you?” At which time my future supervisor, the plant manager supposedly told him that that kind of language would not be tolerated.
    This person, Harry Williams, has had it in for me ever since I started working there and is the reason another coworker, Jesse Mitchell, elected to retire early.
    When Jesse retired, ST hired a replacement and this person, Trent Hancock has also told me that Harry does not like me and that he freely uses the term “dyke” when referring to me.
    A couple of months ago my partner, my mother, and the City Mayor showed up at my office with flowers and a cake to congratulate me on passing my level II certification testing and when they left, my supervisor Jeremy Samuels told me that he was “really pissed that the Mayor showed up unannounced.”
    Since that day things have been strained for me at work and I have since found out that the outgoing City Manager for Safford hand-picked ST and Jeremy Samuels specifically for the wastewater contract with the City of Safford. When the Mayor was reelected, the City Manager quit, leaving Jeremy without his “protector.”
    There is more to this story that I can get into if you decide to take this case.
    Finally, I went to Jeremy about six weeks ago to complain that Harry was making me feel really uncomfortable with some of the things that he was saying to me and to others. Jeremy’s response was: “Just try to stay away from him…he’s our client.” That is what I have tried to do, but I do not enjoy being around Harry. I hate that he can get away with some of the slander that I know he spreads about me.
    So, I began looking for work elsewhere and had an interview at the lab for the local copper mine. This was on Wed. September 22nd.
    On Monday, September 29th, I went in to work as usual, was called into the boss’ office and “let go.” The only reason given to me was that I had been “a few minutes late a couple times last week.”
    I have NEVER been spoken to or written up for being late. To date, I still haven’t even received any dismissal paperwork, though they did send me a final paycheck via fedex.
    I have copies of all my time cards as well as a copy of the employee handbook which details the process for disciplining employees for tardiness. This process includes verbal and written warnings followed by suspensions and ultimately termination.
    What I want to know now is if I have any kind of case. I don’t know why I was fired and never saw it coming. I have gotten good reviews at each interval and only recently got a small raise as a result of my new certification level.
    If you think I have a case, will you please call me at your earliest convenience to recommend my next course of action?
    Sincerely,
    Amber Holmes

28. Posted by: Amelia

    Hi Amber! This is a tough issue, and we wish we could offer more hope. It certainly sounds like you are the target of discrimination based on your sexual orientation. Unfortunately, that type of discrimination is not illegal under federal or Arizona law. It’s not fair and it’s not right, but it’s not against the law.

    Under Arizona law, it is illegal to discrimination in employment based on race, color, sex, national origin, religion, age (over 40), disability, or pregnancy. That is also true of federal law. You can read more info at this site: http://www.azag.gov/civil_rights/discrimination.html#Employment

    An alternate explaination would be that the company let you go simply because they learned you were looking for another job.

    You may have a case for wrongful termination, since the company did not follow its own policies for discipling an employee who was tardy. Or, you may have a case against Mr. Harry Williams for slander or liable. Your best bet would be to consult an attorney about possibly filing a lawsuit. Unfortunately, it is doubtful that the Arizona or U.S. Department of Labor will be able to help you, because it appears that no laws have been broken. HTH, and thanks for reading the blogs!~ Amelia

29. Posted by: brianna

    The company I am working for told me I would be making $6.90 an hour but what they didn’t tell me till I had already worked there for a week is that I didn’t make base pay on Friday, Saturday, and Sunday, I would only make commistion. So the days I worked on the weekend I worked for free. I was also told that I could not leave the stand more then 5 mins and could only leave twice and had to eat lunch at the stand. Later on they told me that the chair that we were given to sit and rest in would be taken away because sales were low and we weren’t doing our jobs that they were paying us for. The chair was taken away later that week so we were made to stand and for me being 7 months pregnant and they always schedule me for 12 hour shifts since no one else can work and they themselves don’t want to work. I have to work just to make sure I can make an ok pay check and I still worked 12 hour shifts on the weekend and when I dont sell anything I work for free. He then told me last week that starting october 16th he would only be paying commishion and would no longer be paying the base pay at all no matter what, that would mean I would have to sell $500 dollars worth of product to even earn the base pay I was making. I just don’t know what to do because I don’t think this is legal or fair, is he doing anything wrong or am i just being silly?

30. Posted by: Amelia

    Hi Brianna! You are not being silly at all. These are horrible working conditions. If employers had to take a test like the driver’s license test, this guy would fail it.

    It sounds like you are working in a retail environment, like a mall kiosk. The minimum wage in Arizona is $6.90 per hour. The employer must pay you $6.90 per hour for the time you work, even if you don’t sell anything. If there is any paycheck where you do not earn $6.90 per hour for the time you worked, you should report the employer to the industrial Commission of Arizona. (In some cases, if you average more than $6.90 per hour in commissions over the pay period, the employer would not have to pay you an hourly wage.)

    The employer lied to you about your wages, by promising the legal minimum wage and then changing it to a commission-only basis on Friday, Saturday and Sunday. That is unethical, and it may be illegal. However, it is going to be hard to prove, unless both payment policies are in writing, or you have witnesses to his initial promist to pay an hourly wage.

    A few states have laws requiring employers to provide chairs or meal breaks to workers. Arizona does not. However, employers must make a reasonable accommodation for employees with a disability, and for this purpose pregnancy is a disability. If your doctor provides a note that you should not be on your feet for 12 hours, and must have a chair, the employer will have to provide one. If he does not, contact the EEOC at http://www.eeoc.gov regarding discrimination under the ADA, Americans with Disabilites Act.

    Also, the employer cannot limit the number of bathroom visits you must make, especially since you are pregnant.

    Technically, employers are not permitted to take negative actions against employees who report illegal conduct. That is called retaliation, and it is illegal. If you were fired for any of the above reasons, you would probalbly qualify for unemployment.

    You are under no obligation to work 12 hours shifts for this person, just because he can’t find anyone else. His unfair employment practices are why he can’t find anyone else.

    It would be wiser for you to look for another job. Unreasonable employers do not suddenly turn into reasonable people one day, so this is not going to get any better. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

31. Posted by: nita

    My husband just started working about 2 months ago for a real estate company doing maintenance work on their houses and apartments.He goes to different buildings or homes a day. When he got paid on his last check, he thought it was a little short, and this time when he turned in his paperwork, his boss started deducting hours right there. She said he doesnt get paid to go from job A to job B to job C, etc. He was hired as hourly, not piecemeal. Can she cut his travel time out of his check?

32. Posted by: Amelia

    Hi Nita! No, this is probably illegal under federal law, and maybe state law as well. Generally under federal guidelines, travel time from the employee’s home to the first worksite of the day (or to the employer’s office) is unpaid. However, when the employee leaves that site, and travels to other worksites, that time is considered “all in a day’s work.” In other words, it is work time and the employee must be paid for it.

    Your best bet would be to contact the U.S. Department of Labor, Wage and Hour Division at http://www.dol.gov and the Industrial Commission of Arizona. You can also post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

33. Posted by: Ina Valperts

    My son lives in Arizona. His boss does not come up with pay for overtime and shorts him on bonuses. My son’s name is Jody. [phone numbers deleted]

34. Posted by: Amelia

    Hi Ina! This is probably not legal. You or your son should contact the Wage and Hour Division of the U.S. Department of Labor, and the Industrial Commission of Arizona. This is probably a violation of federal overtime laws. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

    PS Readers: please don’t post your personal contact information on the site. We are not able to contact readers personally, but we will post answers to comments whenever possible.

35. Posted by: brianna

    Ok, so after I told my boss that he had to pay me hourly becasue it was illegal not to he yelled at me to shut up ,stop my bullshit and that he would pay me anything he pleased becasue he ran his company how he wished. So that day I quit becasue of what he told me. Now, he was supposd to pay me Wednesday, he said that to me Wednesday, and Wednesday my other manager came by trying to pay me in cash. I refused the cash and told her they had to give me a real check. The next day I called him telling him he had to pay me in check form and he yelled at me again about me being a pain in has ass and I would have to pick it up at the work place the next day at one. At four he wasn’t there and called and tells me that he wont be there and to meet him at a second location. I go to the second location, I”m waiting and he calls again to go to the thrid location. On my way to the third location he calls me again and tells me that my check is with a friend of his in the QT parking lot. I say fine and when I get there this guy I dont know has my check. Its not in any envelope or any thing no break down of what he took out of it and its still short a hundred dollars. Just a cashiers check with my name on it in this guys pocket. Can i make a court case out of all this?

36. Posted by: Cheryl

    Hey there…
    I was let go and now the employer is attempting to blame all company failings on me and slandering me…. First I was accused of stealing, fraud and the dollar figure changes depending on whom they are speaking with.

    They apparently are going to formally complain and such but I am sure this is threats only. Do I have any rights in stopping them? I know beyond a doubt I DID not take anything period from this firm!

37. Posted by: Amelia

    Hi Cheryl! This is an interesting situation. It is normal for an employer to blame mistakes and problems on a former employee. In fact, it’s almost routine. However, accusing the former employee of fraud and stealing goes way beyond what is acceptable.

    It is not clear how the employer would lodge a formal complaint, unless they contacted the police. There is no “official” clearning house for complaints about former emloyees.

    However, what the employer is doing is either libel or slander. You can contact an attorney. The lawyer will send a letter to the former employer, threatening a lawsuit if they continue. This will almost certainly stop the rumors.

    If you can’t afford an attorney, you can call the employer or send a letter reminding them that unless you have been tried and convicted of stealing from them, they are subject to a lawsuit if they spread rumors.

    Also post a question on our sister site at http://www.laborlawtalk.com, and thanks for reading the blogs!~ Amelia

38. Posted by: Ravshanbek

    Hello. My name is Ravshanbek. I work for [Employer name deleted], a food company. My problem is: When I was hired a rep of UFCW,which is Union organization, came to the orientation and had us signed some paperwork. It turned out a yearly contract.They took advantage of my poor English and they actually taking 9 dollars and some cents from my paycheck every single week. I called them so that to cancel my membership with the company. They said that I could not cancel it before I complete the year. I don’t know what to do who to talk to about the issue. So I would like to get some advice from you.
    I appreciate your help.

39. Posted by: Amelia

    Hi Ravshanbek! That’s an interesting question! For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. HTH,and thanks for reading the blogs!~ Amelia

40. Posted by: Nikkie

    My boyfreind has been working for [employer name deleted] for the past almost two years and for the past two months he has not got paid. Now thay are refuseing to pay him along with other workers. We have tried to talk to them and they still refuse to pay. I just dont know what to do any more. Please Help Thank you

41. Posted by: Amelia

    Hi Nikkie! This is obviously illegal. Under Arizona law, employees must be paid at least twice per month and within 5 days of the end of the pay period.

    Our suggestion is that your boyfriend file a wage claim immediately with the Arizona Industrial Commission at http://www.ica.state.arizona.us.

    Is the employer having financial problems? In some cases, if the company goes out of business, the employees may never get paid. For that reason, your boyfriend may want to consider looking for another job. (He may also qualify for unemployment.) For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

42. Posted by: Linda

    My daughter is working for a company and I believe they are being treated unfairly. There are a limited number of computers, so when they get to work they have to wait for a computer to become available, which may be after their start time. Because the computer is how they log in, if the are late because the computers are in use, they are required to make up the time although they scanned their badges and were in the building and ready to work on time. If they do not make up this time they are written up. They work 6 days a week 7 hours per day with 1/2 hour unpaid lunch. My daughter was involved in an accident 15 months ago, hit by a drunk driver. His sentencing was on Friday 11/14. She provided the letter from the court requesting the day off to be told she could have the day off, but she would have to work her day off which is Thursday. This meant she would have to work 7 days straight. Because she was not feeling good and called off on Thursday and was in court on Friday she was told she had to make up the time Saturday and Sunday. Because she did not make up the time, she was written up.
    Please tell me this is illegal. It is not their fault if they can not get a computer in time or if they are sick why are they penalized if they take a day off. They work 39 hours per week if they put in more then that, that’s a write up. There are no benefits. Granted she doesn’t have to be there. She is seeking employment elsewhere but for those that stay what can be done> Who do they contact and how?

    Linda

43. Posted by: Amelia

    Hi Linda! Yes, this is illegal on both fronts.

    Under federal as well as California law, an employee must be paid for all time worked. That includes time waiting to use a computer, or waiting for work to be available.

    California is one of the few states that provides mandatory unpaid leave for all employees who are victims of violent crimes to attend judicial proceedings. The employer should have given your daughter the time off, without requiring that she make it up. Unfortunately, that does not excuse your daughter for being absent the day before.

    Our suggestion is that you contact the California Division of Labor Standards Enforcement on both these issues. They can direct you to the proper enforcement agency.

    For more info, you can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

44. Posted by: Don

    The company I worked for in Arizona closed our Call Center this month without any advanced warning. It was very unprofessional the way they did it. When I applied for Unemployment Benefits, I discovered that the Company didn’t report any earnings for the last four quarters to the state of Arizona for me. I had been employed there for over the last two years. I had to take proof of wages to the local Employment Office. How serious is this for the Company? And what would be my recourse? Thanks, Don

45. Posted by: Amelia

    Hi Don! This is very serious for the company. Thank goodness that you had proof of earnings, so that you could collect unemployment benefits.

    The company basically has not been paying their Arizona unemployment taxes. They will be fined, plus have to pay the back taxes.

    Often when a company breaks one employment law, they break others as well. Has the company been withholding federal income taxes from your check? They may have violated the federal WARN act, which requires employers to give workers (and the community, and the state department of labor) 60 days notice when shutting down a facility, or laying off more than 50 people. If you suspect the company has violated WARN or any additional employment laws, you might want to file a complaint with the state or federal department of labor. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

46. Posted by: Alex

    Hi Amelia

    Here’s my situation. I have been working for my company for over a year now. It was my first job when I moved here from out of state. I was working overtime hours and was not being paid time and a half for them. When I asked why, my manager told me that in the state of Arizona overtime was not required to be paid. I was hitting 120 hours every pay period. 8 months later the labor board questioned all of us about our hours and I told the truth. 2 days later my hours were cut drastically to about 60 every pay period. That’s a HUGE income change for me and I am raising a family which has gotten very hard for me. Is there anything I can do to get back pay for those overtime hours?

47. Posted by: Amelia

    Hi Alex! Whether or not you can get back pay for the overtime hours will depend upon whether the company is covered under federal law. The employer was right — Arizona has no overtime law at the state level. So only companies covered by the federal overtime law, must pay overtime. (The company was required to pay you straight time for all hours worked, but it appears that they did so.)

    Companies with annual revenue of $500,000 or more are required to pay employees overtime after 40 hours per payroll week, under the FLSA or federal Fair Labor Standards Act. Companies that engage in interstate commerce are also required to pay overtime. Buying products from an out-of-state vender, or having an internet connection at work, or accepting credit cards for payment, usually qualifies the employer as engaging in interstate commerce.

    Even when the company does not engage in interstate commerce, an employee may be covered under federal law. For example, if the employee produces products to be sold out of state, or works in the mail room shipping and receiving packages from out of state, that employee would be covered under federal law, and entitled to overtime (even if other employees at the company were not.)

    Contact the U.S. Department of Labor, Wage and Hour Division at http://www.dol.gov, and file a complaint. They will determine if you are covered by the federal law. If you are, they will file a lawsuit (at no charge to you) to collect for you. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

48. Posted by: william

    I’m a tour guide and started working for my company three years ago as an independent contractor. Now I work in the office as part of the management team still as a contractor. Ive noticed that I’m not getting the same benefits as the other office employees. i work about 45 hours a week with no overtime, I get no vacation time, or paid days off. Do I need to become an full employee or can I stay a contractor to get these benefits.

49. Posted by: Amelia

    Hi William! Independent contractors are not entitled to the same benefits as employees. An independent contractor runs his or her own business, and usually determines his or her own working conditions.

    If the tour company you work for dictates when, where and how you work, then you probably should not be classified as an independent contractor — they may be breaking the law by not classifying you as an employee. If you think they are, contact the U.S. Department of Labor, Wage and Hour division at http://www.dol.gov. Among other things, employees are entitled to overtime — independent contractors are not. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

50. Posted by: Marcia

    I’ve been working at a law firm that employs 10 people. We are all hourly employees and are required to clock in and out for breaks, personal phone calls and lunch. However, the manager/owner has just imposed a $5 fine for anyone that clocks in late. Even if they are just 3 minutes tardy. Needless to say, this has caused a huge scandal but no one is willing to bring it up to the manager for fear of losing their jobs or be scrutinized even more than we already are.
    If I bring it up, my concern is that they will hide behind the “Small Business” firm rules and regs and I would just like to know if this is legal and worth mentioning. Where can I get more information?

51. Posted by: Amelia

    Hi Marcia! This is certainly a very unorthodox method of curbing tardiness, and not one that we recommend. But, it may be legal.

    I’m not sure what “small business” rules and regs you refer to. Both federal and Arizona minimum wage laws permit the employer to make deductions to an employees paycheck, if the employee gives written permission in advance. Many employee handbooks include a provision for fines or deductions for disciplinary reasons. Employees normally sign a page of the handbook, signifying that they agree to all policies.

    If there is no mention of deductions for disciplinary fines in the handbook, then it probably would be illegal for the employer to deduct them from the employee’s paycheck. If this fine results in the employee being paid less than the state or federal minimum wage for actual hours worked in any payperiod, then it is illegal.

    If the employer is requiring that employees pay the fine in cash, rather than as a payroll deduction, and the employee still nets more than the federal or state minimum wage, that may very well be legal. An employee could certainly refuse, but the employer could probably terminate him or her for the refusal.

    There are many workplaces where being 3 minutes tardy occasionally would be no big deal. There are others where if an employee is on the schedule at 7 am, and arrives at 7:01 am, the employee is tardy. It is a big deal and the employee is disciplined. Discipline can take a variety of forms, from poor performance evaluations, no raises, written warnings, fines or suspensions to termination.

    A better way of handling this would be for the employer to give written warnings to employees who are tardy, and terminate them after 3 written warnings. However, we will point out that as unusual as this practice is, it seems to be very effective. It has certainly made an impression on the employees, and that is probably what the employer wanted. For more info, you can post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

52. Posted by: Joe

    I have been employed full time (40 hours a week) with an audio and video company for four years. In the last month Myself and the five other people that work in the warehouse have been given no notice and told to not show up for up to two weeks at a time. Is this legal? I have been told that this is a forced release or something and that I should be able to claim unemployment for that down time. My company says if we work for another company that they will fire us. Can I as a full time employee be told not to come in for a week? I am hourly and can’t afford to not get paid!

53. Posted by: Amelia

    Hi Joe! This is a tough situation. Yes, the employer can furlough employees, or put them on a temporary lay off. Hourly employees only need to be paid for the hours that they work.

    It may not be legal that the employer says if you work for another company while you are on furlough, you will be terminated. Most companies would be happy for you to work for a temp service or another employer while you are off. Many employees would be tempted to do this, and hope they don’t get caught. If you are caught, however, you may have to hire a lawyer to file a wrongful termination case.

    The employer is correct that you should qualify for unemployment during this period. For more answers, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

54. Posted by: Emily

    My company has recently told us our hours would be cut as we are slower than normal. I’ve worked for the company for two years and have been a full time employee the entire time.

    My hours were cut to 24hrs a week, and now I have zero hours a week. Our boss and HR department have been unhelpful simply telling us that the economy is bad (I work in hospitiality) and that things will hopefully “start looking up with the new year”.

    I’m wondering if it is legal for a company to give a full time employee no hours for weeks at a time (other full time employees have had no hours for the past two or three weeks) and also if I would qualify for any kind of unemployment during this time as I am still technically employed.

    Thank you!

55. Posted by: Amelia

    Hi Emily! You are facing a problem that is very common in the hospitality industry, where scheduling is based upon the level of business.

    You certainly can apply for unemployment benefits, and you should do so as soon as possible. Unemployment benefits replace some of the lost income when an employee’s hours are drastically cut. If you are otherwise qualified, you should receive unemployment benefits until things pick up. HTH, and thanks for reading the blogs!~ Amelia

56. Posted by: Talia

    I recently quit my job working for a lawyer because of his sexually harassing, obscene, and extremely unethical nature.

    After I submitted my 2-weeks notice, he started to personally attack me with rude and sarcastic comments and behavior.

    As his last effort to retaliate my leaving, he authorized a deduction from my paycheck for an education class (that I was forced to attend and reluctantly attended) without my knowledge or consent. He even mentioned before the class that he (the company) was to be paying for the class. The class was for the sole benefit of the company and not myself. When leaving the company I even left behind all the educational materials that I received during the class.

    Did he have the right to practically steal that money from me? Or was it legal for him to do what he did?

    Please help! Thank you so much!

57. Posted by: Amelia

    Hi Talia! That sounds like a bad situation, and it is probably better that you are out of it.

    As far as the payroll deduction, it may be legal. Many employers today have policies that the employee must pay the company back for any training the employee has received in the past 12 months. Usually, such policies are stated in the employee handbook or offer letter. If the employee refuses to sign, they are not hired. Because the employee has given permission, they are usually legal deductions. Many companies even require employees to pay back the cost of airline tickets and hotel stays, as well as tuition for seminars that the employee did not want to attend in the first place.

    Unfortunately, although this isn’t really fair, it is legal in most cases. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

58. Posted by: Kim

    What if your employer is witholding comissions that are due to the salesperson? The commissions are clearly laid out in the comp plan. How would you proceed?

59. Posted by: Amelia

    Hi Kim! Unfortunately, in this case you may have to either take the employer to small claims court, or hire an attorney to enforce the compensation agreement. You can represent yourself in small claims court, no attorney is necessary. You can contact the Industrial Commission of Arizona, but generally they enforce only claims for wages, not commissions.

    Before you do this, have a frank discussion with the employer on why the commissions are not being paid. If this is an ongoing problem, you need to ask yourself: Do I want to work for an employer who cannot or will not pay me the commissions I am due? That’s a question only you can answer. Fro more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~Amelia

60. Posted by: T.R.

    What can be done when an employer uses a time management program so employees can see how much sick time, vacation time, etc. they have available and then says”Hey you were accuruing 8 hours of sick time each month instead of 4 hours and you were overpaid 16 hours of sick time which we are now deducting from this week’s check? Is this fair or my fault? What can I do and what do i need to do?

61. Posted by: Amelia

    Hi T.R.!
    That’s an excellent question! For a full answer, post it on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

62. Posted by: Tracey

    If you are a saleried employee working 6 days and 70 hours a week. and employer is demanding more hours out of you is this legal in the right to work state of Arizona?

63. Posted by: Amelia

    Hi Tracey!
    It might be legal. Salaried employees can be either exempt or non-exempt, depending upon their primary duties. An exempt employee is not entitled to overtime when he or she works more than 40 hours per week.

    An employer can make any amount of hours mandatory, for any type of employee: salaried, exempt or non-exempt, or hourly. So, yes, the employer can require that this worker put in more than 70 hours per week. For more info, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

64. Posted by: Denise

    I work for a comany that pays bi-weekly, but since Thanksgiving they have paid us anywhere from 3-5 days late. This time we were supposed to get paid last Friday. On Tuesday they said they were working on it. It’s Friday and we did not get paid. The company does not respond to us or update us on when we will get paid. We manage 13 properties throughout the valley and we cant just walk out and leave the residents with no help but we fear that we are never going to get paid. If we walked off the job, thousands of residents would suffer from no emergency service. No maintenance. They owe every vendor in Phoenix so we can’t even call out a vendor. If we walk out do we risk not getting unemployment compensation? We have people that are hungry with no paycheck. They are losing their cars and getting utilities cut off, insurance premiums unpaid, no money for day care…you name it, we are in trouble. [employer name deleted]

65. Posted by: Amelia

    Hi Denise! This is a violation of Arizona wage payment law. Under the law, employers must pay workers at least twice per month, no more than 16 days apart, and not more than 10 days after the payperiod ends.
    Your best bet at this point is to send a written complaint to the State Labor Department, or to file a wage claim with the Industrial Commission of Arizona.
    I have to be honest. This company is obviously having severe financial problems. It’s sweet that you don’t want to leave the residents in the lurch, but it is very likely that you and all the other employees will soon find that they have been working for free. Your time would be better spent looking for a job with a paycheck, than working for a company that cannot afford to pay you.
    In many cases, when an employee leaves because the employer is breaking the law, the employee is eligible for unemployment compensation. For more info, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

66. Posted by: valerie

    My employer has recently mandated that we wear specific uniforms. Is there any Arizona law that states that if this is the case a uniform allowance must be given?

67. Posted by: Amelia

    Hi Valerie! This issue is addressed under federal, not Arizona, law. Under the federal FLSA or Fair Labor Standards Act, uniforms are for the employer’s benefit. If the employer requires the employee to wear a uniform, the cost of that uniform cannot reduce the employees wages below the federal minimum wage (currently $6.55 per hour.)

    Read more about this at: http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf
    HTH, and thanks for reading the blogs!~ Amelia

68. Posted by: Marie Hartley

    I have worked for a Internationally owned Convenience store chain since September of 2007 northern Az. There are 4 stores in my town. I have several issues i would like to throw your way, and really hjope that you can help, or at least point me in the right direction.

    In November of 2008 I was contacted by my store manager, while on vacation, and asked if i would mind transferring to another store in town, that a fellow associate was having problems with that manager and wanted out. He stated to me that I would get more work hours and would have a better chance at moving up in the company at that store because Corporate was not happy that the Assistant Manager happened to be the Store Mangers Son, and they were going to be moving him to another store due to conflict of interest. So I agreed to the transfer, even tho i knew at the time that several associates have had problem with that manager and have either quit, took a demotion, or transferred out of her store.

    The first week I worked there I was scheduled to work Graveyard shift - alone(10pm-6am) on Monday Night, Then Swing shift (2pm-10pm) on tuesday, then Day shift (6am-2pm) on wednesday. Even tho I had senority over 3 of the other associates there. I went to my Previous manager and told him this is not what i signed up for. Myself, My former manager and the new manager had a meeting 2 days later and i told her I needed and wanted a straight that i had senority over other associates at the store and why was i scheduled like that. She stated she had to cover the hours in the store and that was the schedule and if i did nt like it there was the door. That she was the manager of the store and she cover the hours needed and was i going to run to Richard every time i had a problem. After that meeting, my hours were cut, my days off were different every week. We are required to be at work 10 minutes before our shift starts to count down our bank with the previous shift, but we are not allowed to clock in until the exact time we are scheduled to work, and if we worked past the end of our scheduled shift time, we were not allowed to clock at the time we left but at the time we were scheduled to leave. and if we did, we were told that we were “milking the clock”, and our hours the next week would be cut by the amount of overtime we had the week before.

    My new manager would always bring up work issues in front of customers, other employees, whoever. never in private and never in a normal tone of voice, always to belittle you, make sure other employees knew she was having a problem with you, and make you miserable for the rest of your shift. She would always discuss issues she was having with an associate with anyone who was around. Let you know that if you didnt do it her way, you would pay.

    I recently was contacted by the company payroll department to refile a new W-4 form for the 2009 year. I filed out the form and left it on my managers desk. The next day she brought the form out to the register area and informed me that i had signed it in the place and showed my fellow associate that i had signed it in the wrong place and asked her what am i supposed to do with this, she signd it in the wrong spot how dumb is that, see look she signed it in the wrong spot, what would you do with it? and then handed in back to me and informed me that she did not know who to tun the form into, and she couldnt do anything with it since i couldnt even sign it in the right spot, the whole time both myself and the other associate were waiting on customers. I filed out a 2nd W-4 form and made sure i signed it in the right spot, and left it on her desk once again, this happend to be my friday. when i returned to work after 2 days off, she again came out to the register area stood next to the other associate and stat4ed to me that she discussed my filing status with 2 local police officers and that i could not file exempt that it was against the law to claim exempt on my w-4 and i was breaking the law and she would not turn my w-4 form into payroll. I then said to her that it is not against the law to file exempt or they wouldnt give you the option and that it is only illegal if you do not file every week, but it is not required that you have federal taxes taken out of your check. and walked away from the register. Our comapny has a Confidentiality Policy and I am pretty sure she has definately violated it along with the Privacy Act.

    Another situation, I was diagnosed with the staph infection, MRSA in November of 2007 and i became ill at work one night and called her to go home cause i couldnt finish my shift, she knew before this incident that i had MRSA. she eventually let me go home but not before i found someone else to come in and cover the rest of my shift. ( i have only called off 3 times and left work early 2 times since i was hired) 2 days later she came to me and said she discussed my illness with a customer, who happened to be a doctor here in town and infomed that i was contagious and that I was putting herself and my fellow associates in danger by coming to work everyday. And also went to other associates and asked them if they knew that i was sick and if they were afraid to work with me, because she was… another violation of Confidentiality. She then contacted my District Manager and informed him i was a “hazard” to the company. Since then i have had to prove to the company that i am safe to be around and any time i call off sick i have to have a doctors note stating that it is safe for me to be at work… The company policy is if you call off more then 3 days in a row you must have a dr’s note to return to work.

    SOO. I wrote to the Director of Human Resources for our Region, filed sa formal complaint about my manager discussing my personal and private information with customers (w-4), and discriminating against me for Have MRSA, and discussing that with customers and fellow associates. So their solution to my complaint was to transfer me, yet again, to another store where i would have lthe least amount of contact with customers and associates. I work graveyard 2 nights a week, alone, and swing shift the other 2 days and the other associates leaves 5 hours before my shift ends, so I am working alone most of the time.. The sales at this store is significantly lower, due to the rural location, , so payroll hours are lower also. My hours were cut to 32 a week and again i am low man on the totem pole, even tho i have seniority over 3 of the other associates at this store.

    Feel like my company is sweeping my complaint under the carpet, they stated to me that there would be an internal investigation, and would be interviewing other associates concerning the hostile work environment my previous manager created every day. No one has been interviewed, nothing was done to the manager, and i am the one that is being punished for complaining about her. It also states in my Companies policies that no retaliation would be allowed against anyone who has a valid complaint and that Harrassment would not be tolerated and the person who is doing the harrassment would be terminated immediately….

    Sorry this has run on and on, but as you can see this is weighing heavy on my mind and stressing me out to the max.. Is there any thing i can do, anyone i should talk to, what are my options?.. Will not give them the satisfaction of quitting.

69. Posted by: Amelia

    Hi Marie!
    Obviously this manager is clueless about the best practices in Human Resources, and the corporate HR department is foolish to put up with her. Your best bet is to look for a better job. There is no real solution for a poorly managed company — especially since most of what they are doing is lawful.
    The only issue here that may be a violation of federal law is the manager at the second store not paying you for all the time you actually worked, including the extra 10 minutes you spent counting the drawer from the previous shift. If this continues to be the policy at your current store, you could report it to the U.S. Department of Labor or the Industrial Commission of Arizona.
    The manager at the second store had very poor people skills — but you knew that before you allowed yourself to be transferred there. Unfortunately, there is no law that a manager must show respect for employees or use effective management techniques — and this one definitely did not.
    There is no state or federal law that guarantees employee confidentiality on matters of discipline. Although the manager was wrong to demean you, and to discuss discipline problems in front of customers, she was not violating any law.
    Actually, the manager may have been right about your W-4. Normally, any employee who earns more than $3,600 per year does not qualify for exempt status on the W-4. You could claim 12 dependents (on the W-4, not on your tax forms) but generally you should not be claiming you are exempt.
    There is no law that employees with more senority must be given better schedules.
    MRSA is a very, very serious type of infection that is usually incurable and can be life-threatening. It is understandable that the manager would be concerned about you spreading this very serious illness to customers and coworkers. The solution to transfer you to another store seems like a good one. If you feel you are being discriminated against due to this illness, you may want to contact the EEOC at http://www.eeoc.gov.
    We are sure that working for this manager was very unpleasant for you. But unless she was targeting you based on your sex, age (over 40), race, color, national ancestry, religion, pregnancy or disability, what she is doing is not harassment or discrimination. Sadly, it sounds as if this manager treats everyone in the same disrespectful way. If you have reported her conduct in writing to the company HR department more than once, and they choose not to do anything about it, there probably is not a solution to this problem as long as you remain employed with this company. HTH, and thanks for reading the blogs!~ Amelia

70. Posted by: Marie Hartley

    Amelia,

    I do make less than 30,000 a year. last year 14,800 to be exact and I am aware of the tax regulations. The town i live in is a Recreational town and currently all the major corporations in town have laid off 20% of their workforce, and businesses that have been here for years and years are closing their doors, due to the depressin our economy is getting into. So I would love to look for a new job, but alas there are none in towm,

    The reason i agreed to transferred is if i hadn’t they would have transferred me anyway. They were just being polite in asking first. And I had worked with this particular Manager years ago for another company, and I trained her for Management with that Company, and 6 weeks later she quit to take the current management position. We worked well together before and never had any problems, so thats another reason i accepted.

    I am 44 years old and she prefers younger people to work for her. Most of the people I worked with at that location were an average of 10 years younger than me. With the exception of her. And it is in the companies Policies and Procedures, No Harrasment Policy and Confidentiality Policy and a Retaliation Policy. If they find that any of their employees treats any one in a hostile manner they will be terminated immediately.

    The MRSA, I am not contagious, and i follow every Blood Pathongene, Hazmat rule that i am required to if not more.. It attacks my immune sytem, heart, lungs and liver. And will most likely shorten my life. This is got while i was employed with this company due to contact with a customer, that also had it but had not been treated for it.. Workers Comp would have paid but wasnt advised to file a claim until it was too late..Yrust me, i would never ever endanger anyone i work with or come in contact with, unless i have an outbreak, then i am contagious, if i dont get it treated right away. Everyone was well aware of what happened to me when it happened, all the Managers in town, including my Marketing Manager, were informed and were required to sanitize their stores thouroghly, and i was quarantined for 3 days.. Not like it was a surprise. I have worked for 6 Managers, and at 2 other stores in town.

    It had never had it been an issue until i called her to go home early one night cause i was ill, then it was about my ability to do my duties and if i was going to be at 100 % all the time.. She told me i could go home but i better be at work tomorrow, or she will find someone to replace me, and if i did call off i was required to bring a Dr’s note to return. I know for a fact she does not require that from any other employee.

    Like I stated in my previous letter. My attendance is great for an employee who has worked for them since Se[t of 2007, i have called off 3 times, 1 time a tooth ache, another time my car broke down in vegas, 3rd time the fleau, and i have gone home early twice cause i wasnt feeling good. I have since applied for an Intermittent FMLA so if i do have to call of it cant be used against me. And i wont have to get a Dr’s note every time. Is MRSA not covered under ADA laws?

    Do I still not have a valid complaint? I did file a civil rights complaint with the state of arizona, should i not have done that?

71. Posted by: Amelia

    Hi Marie!

    Thanks for claifying. Certainly, if you feel that your civil rights were violated, you were right to file the complaint. The state will investigate the complaint, and if they find it is justified, they will persue it.

    In order for illegal discrimination or a civil rights violation to occur, the manager must be discriminating against you because of your race, color, religion, pregnancy, age, disability, sex, etc. If the manager is treating you poorly for another reason, then your civil rights are not being violated. It sounds like the only possible civil rights violation would be based on your age.

    You were probably right to file for intermittent FMLA, assuming that the company has enough employees to qualify.

    Many serious health conditions are not considered disabilities under ADA. Although the regulations changed on January 1, 2009 and the EEOC now interprets disability more broadly, it is not clear if your condition would qualify. HTH, and thanks for reading the blogs!~ Amelia

    PS On the exempt status, that was a salary of $3,600 per year, not $36,000 per year.

72. Posted by: Rose'

    I currently work for a facility in Arizona that is managed under a corportation which has over 250 facilities throughout the United States.

    What are the procedures in which a company can write an employee up? Is there a standardized precedure, or do the company polices rule in Arizona? Is there an order in which the write ups need to be in? Such as Verbal, 1st Written Warning, then 2nd Written Warning?

    I was writen up on a 1st Written Warning on one topic/subject with out ever receiving a verbal and then writen up on a completly different topic/subject with a 2nd Written Warning as the designation. Is this legal and part of a standard procedure?

    What should I do in regards to this?

73. Posted by: Rose'

    I currently work for a facility in Arizona that is one of 250+ such facilities managed by a national corporation.

    I received a “1st written warning” about one specific topic several months ago, with no prior training or verbal warning about the topic. I recently received a “2nd written warning” about a completely different topic, with the implication that it was a continuation of the earlier warning.

    Is there any Arizona or Federal laws or regulations controlling disciplinary writeups, or can an employer basically do whatever they want? Isn’t there a standard verbal, 1st warning, 2nd warning process used universally?

74. Posted by: Amelia

    Hi Rose! There are no guidelines on disciplinary procedures under federal or Arizona law. This is basically a matter of company policy.
    Some employers have well-defined disciplinary policies. Others permit their supervisors to use a lot of discreation in deciding what discipline is warrented under a particular situation.
    Some employers always give verbal warnings before issuing a written warning. Others do not.
    Usually a written warning is a first warning when it is the first violation of a specific rule — even if the employee has had other warnings before. But again, there is no law that requires this.
    Sometimes when an employer wants to fire an employee, they will issue several warnings in rapid succession under a general topic such as “violation of company policy.”
    As far as what to do, there is probably no way to have the written warnings overturned. You should make every effort to follow every company policy, because there is an excellent chance that you will be terminated after the next writeup. You may want to sit down with your supervisor and have a frank discussion with him or her, emphasizing that you want to remain on the job and will do your utmost to follow company policies. HTH, and thanks for reading the blogs!~ Amelia

75. Posted by: Rose'

    Well then, I guess if I do end up getting fired, they will just have to pay unemployment. It’s really bad sititution when you give 125% to your job, and no one appreciates it. And might I add, I did not sign the 2nd written warning.

    Thank you for responding so quickly, I am going to have a meeting on friday with Integrity Services in regards to the 2nd written warning, and I am going to ask them, “On what grounds do you have to warrent this writeup?” I did not feel that it was right that I should be written up for doing my job, and I won’t be signing anything the day of my meeting. I will, how ever, ask for some additionial training. Cause obviously I need additionial training that was not provided to me. That way I will be sure to do my job correctly, to their standards. (lol)

76. Posted by: Amelia

    Hi Rose!
    Actually, written warnings still “count” even if the employee does not sign them. Signing a written warning is not admitting guilt — it is simply acknowledging that the supervisor had a conversation with you on this topic. You might actually be better off it you write “I do not agree with the statement on this written warning.” and sign it. But even then, the write-up still counts unless Integrity Services throws it out. HTH, and thanks for reading the blogs!~ Amelia

77. Posted by: Mark Haggard

    I have recently been laid off, I have an open case with workmens comp. My boss and human resources knew that I would more than likely be having surgery on my neck and be out a few weeks I am sure that finding a new employer at this point will be difficult knowing that I would need to leave early for Dr. appts. etc. Do I have any recourse

78. Posted by: Amelia

    Hi Mark! Well, if you were laid off because you had an on-the-job injury, then that may have been wrongful termination. If you would have been laid off anyway, then there is probably no recourse.
    You are under no obligation to disclose your open workers comp case or your medical condition during job interviews — and it is probably wise not to do so. Once you are actually working at a new job is the time to address time off for doctor’s appointments, etc. HTH, and thanks for reading the blogs!~ Amelia

79. Posted by: Penny

    Hi

    My situation is complicated and involves my handicapped son, and another employee that works with him. My son’s handicap is mild retardation, and he is 29.

    The situation began 4 years ago when this store (large retail store, known for abusing employees) opened. I was employed there and worked overnights as a cashier, when I left employment there I worked in thier accounting department. I hold a degree in accounting. When I transferred to the accounting department I soon discovered they were “cooking the books.” The supervisor in the department was the person doing this. She would come into the office which was locked in with an outer room and soundpoofed. She would call us degrading names and threaten us. Several of us who did not wan’t envolved with the cooking of the books went to the manager about it. At that point we discovered he was also involved in it. The office suddenly became active with several other upper office personnal helping this supervisor “fix” what had been done. I called the company’s ethics hotline, and found out this was a company joke. I spoke with a former professor from college, she contacted the corporate offices on my behalf, they never returned her call.

    My son moved to Arizona a year and a half ago and went to work in maintence on over nights. After working for this company for over three years, I finally had enough, my son still works there. After I left the rumors started flying about me (common I know). The employee that started the rumors was one envolved with the “fix-up.” I should also mention that at this particular store promotions are on a who’s sleeping with who basis. So the rumor person is sleeping with my son’s manager, and he has stated that he would make my son pay because of me. I haven’t worked for the company in a year and do not shop there.

    Last night my son purchased a cell phone, and DVD player, he lost the reciept. The cell phone he purchased was for another employee that he had dropped hers. When they were leaving this morning they were taken to the office by this manager and my son was accused of stealing the merchandise. My son explained about the reciept. No one bothered to check the tapes of the claimed transaction even though my son told them the time, the register, and the cashier. He used his dicount card to make the purchase. I having worked in the accounting department know they had several ways to verify the information. The manager said there was no record of the transaction. He then for over an hour threatened my son and his co-worker, telling them that my son needed to admit to the thieft (at which time both would have been terminated), or he would have both of them arrested and prosecuted for the thieft.

    What can be done to stop this situation so that both can work without harrassessment until the time they can get transfers to another store?

80. Posted by: Amelia

    Hi Penny! Unfortunately, there probably is not a simple solution to this problem.
    You say that the employer is “cooking the books.” That implies illegal conduct: they are either defrauding investors (or stockholders) by reporting false profits or they are defrauding the IRS by under-reporting profits. If this is true, our suggestion is that you report the company to the proper law enforcement agencies.
    Sadly, it is not illegal for a supervisor to berate employees, even in a soundproof room.
    In retrospect, it was probably not wise to get your son a job at such a troubled company, but we’re sure you’ve thought of that.
    If your son is being victimized because he is disabled, that is illegal discrimination and you should report it to the EEOC at http://www.eeoc.gov. If he is being victimized because he is related to you — a former employee — that is not illegal. We agree that your best bet is for him to transfer to another store, or find another job. You could also hire a lawyer and sue the store on your son’s behalf, since it sounds like he experienced pain and suffering from this investigation. HTH, and thanks for reading the blogs!~ Amelia

81. Posted by: Anna

    Hello
    I was working in a residential substance abuse center and was terminated by the new, much younger supervisor who stated her new job was to clean up. Well two other women and myself over 60 and female were dismissed or cleaned out while the male counterparts kept their jobs. While working in that place I had to provide my own training material for clients, had to provide my own office furniture in order to do my job. After I was terminated I was not allowed to pack all my belongings and remove them from the premises. I had to wait 5 days and only part of my property was returned in dirty boxes. The following week I received another two boxes. All my personal papers and supervision records that were in my desk have not been returned to me.

    Furthermore, I have found out that all my peers and co-workers, some who are also my friends have been forbidden to have any contact with me or they will lose their jobs. Is this legal to threaten my friends with their job if they talk to me even on their own time after work?

82. Posted by: Amelia

    Hi Anna! In this situation, you may have a case against the employer for discrimination based on age, sex or both. If you think so, file a complaint with the EEOC at http://www.eeoc.gov.
    Any “supervision” papers completed on company time with company materials belong to the employer. It is very unwise for employees to keep private papers and excess private possessions at work. Getting them back after termination is almost always an issue.
    Obviously, it is not a best practice in HR to require that employees ostracize a former employee. While the employer can legitimately ban you from company property, they really cannot control what you do on your own time. Unfortunately, this manager sounds like an unreasonable person who would take revenge on your coworkers if she found them fraternizing with you. The only recourse there, would probably be to sue her. That would be expensive, with no guarantee that you would win. HTH, and thanks for reading the blogs!~ Amelia

83. Posted by: Linda

    Message

    I manage a pharmacy here in Arizona and require that my employees provide a list of medications that they are taking both prescription and over-the counter medications. I also have them random drug test throughout the year. One of my employees today said that it was illegal to request a list of medications being taken by my staff.

    Is it indeed illegal?

84. Posted by: Amelia

    Hi Linda! Yes, requiring employees to provide a list of all prescription and over-the-counter medications they take may very well be illegal discrimination. Under federal law, specifically ADA (and possibly HIPAA) you cannot require such information. If an employee is taking birth control pills, fertility drugs, medication for hypertension or an anti-inflammatory for arthritis, it is really none of your business. It could also be a sneaky way for an employer to discover, for example, which employees were HIV positive or had other chronic conditions. This information could be used to illegally discriminate against employees under ADA, and there is no legitimate reason for you to have it. The majority of these drugs are not screened for, in employment drug tests.
    Your best bet would be to not ask employees for information on prescription drug use.
    If an employee tests positive for drugs while at work, at that point you can require that the employee furnish a statement from their doctor, that they are taking a prescribed medication which would affect the test. The employee is not required to furnish you with the name of the drug, nor with infomation on what condition is being treated. HTH, and thanks for reading the blogs!~ Amelia

85. Posted by: Fred

    I just worked for a technical consulting company here in Phoenix. They hired me on as a consultant at an hourly wage. I was told that I would be hired full time so that I got more hours during a project that I just finished working.
    From day one, their was hatred towards me being there in the office by other employees. I was told to not go over a certain amount of hours and watched very close. I was supposed to be the system administrator and install a 3rd party program. The client that we have the project work done at is in another state. Early on, there were plans to fly me out there to provide training for others. Weeks prior to me going to the client, the project mgr started cutting off my communications with the vendors. Right before I went to the client, she gave me a long list of things to accomplish. The things on the list normally take a week or so to complete. I was given 2 days and then my hours were cut back even further right befor I went. She kept asking me questions that I felt that were being used agaist me because she’s non technical. It appeared that it was non productive. She was gathering information to be used when they terminate me. Due to her aggressive nature, I almost walked out on the job 2 times. They convinced me to stay.
    Then, once I setup all the systems, she booted me at the clients site. My access was cutoff. They made me look like I was an aggressive person and told security not to let me in the building. This is damaging my good reputation. It’s all preplanned drama by more than 2 individuals that I got myself into here. When they let me go, she wouldn’t return my property right away and said she would mail it. I demanded that they give it to me right then. Now, the owner who I suspect being in on this plan as well is saying for me not to contact anyone of his clients or employees or they will order a restraining order. The fact is that I’m calm and not causing any problems. They are making all this up. Does anyone know if a client terminates you without ordering the flight or transportation home, is this considered abandonment? I need some legal advise here. I’ve never had this kind of situation come up before. I’ve also learned from another employee that they have gone through many people previously in this same position that I was in. Since then, I turned in my keys and told them to back off. It appears that the owner & project manager are using me as an excuse for failure at the client & are falsely trying to make it look like I messed up their systems when in actuality I made them better than when I got there. need some legal help here. anybody?

86. Posted by: Amelia

    Hi Fred! Wow, this is a very unusual situation! It’s not clear from your post if you were an independent contractor (or consultant) or an actual employee of the company. Legally, it makes all the difference.
    IT has changed a lot since the 1990s, as we’re sure you realize. IT pros were once given carte blanche to work as many hours as needed and spend as much money as needed, to complete the project. The business climate today is very different. The employer has every right to limit the number of hours that you work, and to question your productivity. In fact, any well-managed company will do so. Being able to communicate clearly with non-technical managers and supervisors is a survival skill — and so is maintaining cordial relations with coworkers and supervisors.
    The situation that you describe, being escorted off the property with the owner threatening a restraining order is clearly extreme. The only thing that you can do at this point is chalk it up to a learning experience, by asking yourself what you did that may have contributed to this very negative situation. It is very difficult for someone to “make you look like an agressive person” without some help on your part.
    There is no employment law concept of “abandonment.” Not providing you with transportation home is such outrageous behavior that we can’t help but think there is more to the story.
    If you had a contract in place with the employer, then they may have violated it. Without a signed contract in place, while they may have acted rashly, it was probably lawful. You could certainly retain a lawyer, but it is not clear what grounds you would have to sue the employer. We suggest that you put this all behind you and focus on finding another job. HTH, and thanks for reading the blogs!~ Amelia

87. Posted by: Jay

    i was terminated for violating a 24 hour no call no show policy even though i contacted an employee at the location at 1am and my direct boss at 7:30 pm the following day by text message. the union contract does not specifically say that the contact has to be on the phone. the company appealed my unemployment benefits and a hearing before an ALJ was conducted. i won that hearing based on a few factors…
    1. the company by not recognizing the text messages as a form of communication claimed that i quit or abandoned my job.
    2. i was suspended pending investigation… no real investigation was ever conducted
    3.another employee did the exact same thing i did and he is still employed
    the union has filed a grievance on my behalf and as i understand it has been presented to the company… however since i was not a member of the union i am not sure just how hard they are fighting for me.

    it is my opinion that i have a claim for discrimination as they affored others the same luxury but not me. i can prove the one instance but can not prove another. i have heard that arizona has some pretty lenient laws that favor the employer..any advise? my sister and her husband are attorneys and run a very successful practice but do not specialize in labor law and are both very busy. he represented me at the hearing and may be inclined to assist me going forward, however, i feel that i need to do the leg work.

88. Posted by: Amelia

    Hi Jay! You may have a valid case for discrimination if the other employee who was not fired was of a different race, color, sex, religion, etc. from you. You could file a discrimination complaint with the EEOC. Even threatening to file the discrimination complaint may encourage the employer to see it your way. However, if you are both males of the same ethnic group, that is probably not discrimination. (The EEOC will not handle your discrimination case if you retain a lawyer before filing the complaint.)
    If discrimination is not an issue, you could certainly file a wrongful termination suit based on the fact that the other employee was not terminated under similar circumstances. These suits are notoriously difficult to win.
    Since you are related to two lawyers, you may want to take advantage of their free advice, which would be more personalized than you can get online. HTH, and thanks for reading the blogs!~ Amelia

89. Posted by: jay

    Well to be honest I am not sure if I follow the logic. I assumed it was discrimination just based on the fact that we had both “not followed policy” or so what they considered policy, yet he was still emplyed and I am not. I guess it is good news for me as he is native american. I will certainly follow up with the free advice and I appreciate the quick response.

90. Posted by: Amelia

    Hi jay! Yes, many people would make the same assumption. But, federal law only prohibits certain types of discrimination: based on race, color, religion, national origin, age (over 40), sex, pregnancy, and disability. Treating two white males differently would be a sort of discrimination — but not illegal discrimination. (Most people are surprised to learn that many types of discrimination are legal. For example, the employer has the right to discriminate between employees who do a good job, and those who don’t. Or between employees who come to work on time, and those who don’t. Only certain types of discrimination are illegal.) If the two situations were similar, and the employee of another ethnic group was not terminated, that may well be illegal discrimination. If you are reinstated, you may also want to consider joining the union. Unions can be a very powerful force to protect the employees rights. HTH, and thanks for reading the blog!~ Caitlin

91. Posted by: Fred

    Ameilia,
    Thanks for your response above. They set me up on a 1099 corp to corp employment arrangement. Yes, it was an unusual rare situation as I had not worked for this company very long or experienced a situation quite like this before. In my previous I.T. field career history, I’m given much respect by others that I worked with because of my advanced skillset. The best way to share knowledge works as a tradeoff in a perfect I.T. environment. People can learn much from others who have this kind of knowledge. It’s a bonus when people share knowledge easily with others. I also can speak from personal experience that I have learned much from very talented people while in the workfield. I think that part of the problem working for this company was the fact that a few others that were more in control of the team with the higher knowledge didn’t want to communicate much with me. It was like they acted like they knew everything there was to know already and were not very open to allowing me being the “new guy” to teach them things. It appeared to be an ego issue which was limiting their growth.

    Honestly, I felt that this person that was in control of my project was purposely trying to cause me to react by doing many different kinds of annoying things. The fact that I worked a 16hr shift that day and then that person told me to continue to keep working right after I told em’ that we were both tired and should go rest, was a sign that something was wrong as well as wanting me to react in some way shape or form. Something from within tells me that they planned for me to look like I wasn’t doing the job correctly while at the client site. There’s probably more to the whole picture about what situation that I walked into and became a part of that I do not understand yet/nor wish to. It was very strange.

    I’m moving forward & focusing in a positive direction and will take this whole thing as a learning experience as you stated. Energies need to be spent the right way to obtain the best possible productive results!
    - Thanks for taking the time to assist here ! -

92. Posted by: Amelia

    Hi Fred! Yes, it might very well be that you were “caught in the crossfire” on internal company politics, or politics between the employer and the client. Unfortunately, as a 1099 independent contractor, you are not an employee and therefore have none of the protections that federal or state employment laws provide. We applaud your decision to view it as a learning experience and move on. HTH, and thanks for reading the blogs!~ Amelia

93. Posted by: Sunny

    If an employee does not come to work anymore because his salary payment is late (in AZ), is that legal? How should the employer handle this? By deducting vacation days, no pay, or just accept since he is in default?
    Thank you very much for your help.

94. Posted by: Thom

    I am wondering if it is legal for a company to wait to give me a final paycheck until i provide a letter of resignation. Since I have left there has only been contact through vm and the co. is saying I have to provide a letter of resignation to receive my only pc from them. I was with this small company for a very short time and am unsure if there is a relationship time frame i must deal with to receive my first and only pc from them.

95. Posted by: Susan

    where do you go if an employer is refusing to pay wages due to a current employee?

96. Posted by: Amelia

    Hi Susan! In Arizona, file a wage complaint with the Industrial Commission of Arizona, and/or the U.S. Department of Labor, Wage and Hour Division. It normally only takes one phone call from either of those agencies for the paycheck to appear, as if by magic! HTH, and thanks for reading the blogs!~ Amelia

97. Posted by: jane

    Hi, I am hoping someone can help me. As I am not sure what my son’s rights are (if any) regarding this matter. So, here’s the story. Eight weeks ago my son moved from Chandler Az to Tucson Az. He worked for a retailer in the mall. When he told them he was going to move, they said no problem that they would transfer him to a store at the mall in Tucson AND somebody had just quit so the timing was great. he was told to (by his district manager) to simply contact the store manager after he got there and she would put him on the schedule. He called her for two weeks with no return call. He then just showed up at the store in hopes of meeting her and he did. She said I wont have any hours to give you for about a week but after that she will put him on the schedule. He is young and just thanked her for her time and said yes please call to let him know when he would start. That has now been four weeks ago. He called the DM again and she said she would call the manager but we have not heard from them. My son was hired at full time status and had health insurance. If his company could not transfer him he would waited until he could. He now, has no money, no health insurance and is being evicted. I feel this company has harmed him and I would like to know if they violated any laws in the state of Arizona. I manage a large retail store myself and I know that I have to provide enough hours for my full time status employees to receive their insurance if I cannot do that then I must terminate so they are free to collect unemployment and any other benefits they might qualify for. This company has none of those things and really made it to where he doesn’t even really know if he has a job or not. I should mention, he did speak with the DM a couple of weeks ago to tell her how desperate the situation has become, she said would take care of it and call him back and of course she has not. Thank you for listening, I know this was a long one!

98. Posted by: Amelia

    Hi jane! Well, we can clear up one thing for you: your son does not have a job. This is a tough situation and we have empathy for his plight. As you have no doubt noticed by now, some retail companies are very professional and treat their employees well…and some do not. Your son was working for one that did not.
    When he told his manager he was moving to Tucson and quit showing up in Chalndler, the manager very correctly assumed that your son quit.
    Despite the District Manager’s assurances, the company is not obligated to give him a job in Tucson. Because he quit, he does not qualify for a COBRA subsidy, although he may qualify for COBRA continued health insurance coverage.
    We really can’t fault your son for this situation — he has been treated badly. Unfortunately, the employer has not broken any Arizona or federal law. Ideally, your son would have at least spoken to the Tucson manager by phone, before moving, but that is water under the bridge.
    Unfortunately, companies like yours are rare. There is no legal requirement that the company give a worker full time hours or lay them off. Even employees with benefits can have their hours reduced until they no longer qualify for health insurance.
    Your son’s best bet now is to look for another job. Obviously, the Tucson store manager has no intention of hiring him.
    Your son could hire a lawyer to sue the District Manager, but we are pretty sure that he would lose. Sorry, wish we could offer more help. ~ Amelia

99. Posted by: George Modene

    Hi there i have a question, I was working for a Homehealth agency as a caregiver, i was not an employee as i was signed on as an independent contractor. 5 months later they promoted me to Tucson Area Manager and made an employee, one onth later I was fired and still have not gotten paid for my last check, I heard that employers must pay the last check within 72 hours of termination is this true?

100. Posted by: Amelia

     Hi George! Not exactly. When an Arizona employee is fired, the employee must receive the final paycheck within 3 of the emloyee’s working days, or on the next regular payday — whichever comes first. If the employee quits, he or she can be paid on the next scheduled payday. If that date has passed and you have not been paid, file a wage complaint with the Industrial Commission of Arizona. HTH, and thanks for reading the blogs!~ Amelia

101. Posted by: lily

     hi there, i have a question, my boyfriend had working with this man ,since 2004 with out legal papers, this man is an independent contractor,he supost to get pay weekly, never pays him on time, i dont know my boyfriends rights. he pays him cash ,no health insurance and he stop him from working 3 months then my boyfriend called asking him when he is going to work againg then he say ,ill call you but he never return the call , then he finaly gave him 2 more weeks, he pays him only 1 week and he still owns him 1 more week its been a month now my boyfriend been calling every day and he keeps saying next week ,next week, and nothing, what can we do about IT??? thanks for reading such as mess ill apreciate very much your help

102. Posted by: Amelia

     Hi lily! It sounds like your boyfriend is working “under the table”, meaning he is illegally working for an employer who pays in cash, does not withhold Social Security or taxes, and does not pay workers’ comp or unemployment insurance . Unfortunately, when an employee knowingly does something illegal like this, there is little protection. Under the law, the employer should pay your boyfriend the money owed to him. Your boyfriend can certainly file a wage complaint with the Industrial Commission of Arizona. But the employer will probably say that he never heard of your boyfriend, and it is going to be difficult for you to prove otherwise. The best thing for your boyfriend to do is to look for a legitimate job. HTH, and thanks for reading the blog!~ Amelia

103. Posted by: Robert

     I wanted to know . My Employer says, they have the right to edit my hours after clocking in for work. To arrange hours in other areas of the store. Because of the system they are doing with the company. So, the management team won’t get a bad percentage on their score card.
     Example: I work 8 hrs in meat dept. But , they go back and put 4 0r more hours in another dept to even it out the score card. They told me it is legal
     to do this without my permission. And some employees notice time missing.But put back when get caught. But some employees may not know this is happening. They do this later after that day of work is finished.
     Plz, your thoughts on this matter? thx

104. Posted by: Amelia

     Hi Robert! We don’t see anything unethical or unusual in this practice.

     This is legal as long as the employee gets paid the promised wage for all hours worked. In fact, it is very common in a number of industries. In a grocery store, for example, the budget handed down from corporate might call for 10 hours in the produce department and 6 hours in the meat department in one day, based on the level of business. The manager has two employees each working 8 hours. So the manager codes two hours from the meat dept. employee’s time to the produce department. This is just an internal procedure that allows the store to stay within budgeted hours, and has no adverse effect on the employees. Management does not need your permission to do this. (And really, why would you care whether your time came from the budgeted hours for the meat department or the budgeted hours for the produce department?)

     If the manager did not do this, he or she would have to send the meat dept. employee home after 6 hours and have a produce employee come in to work a 2-hour shift. Can you see how silly that would be??

     However, it would be unlawful if the employer simply deducted 2 hours from an employees time and the employee was not paid for all the time he or she worked. The employee’s hours should remain the same, and their work times should remain the same. In other words, if you clocked in at 8:06 and clocked out at 4:15, that should remain the same. The total number of hours worked and the hourly hourly wage should remain the same.

     If you or another employee finds that you have not been paid for all the hours worked, you should point out the error and expect it to be paid on the next paycheck. However, we doubt that the managers are trying to cheat the employees. It’s just that from time to time, when coding hours, they make a mistake. But this is a very normal part of the manager’s job in many industries. HTH, and thanks for reading the blogs!~Amelia

105. Posted by: Karen

     I was working for a company recently and was also renting a house from the same person (boss/landlord)…. when my employment was terminated they have refused to pay me my last paycheck. They claim I was a month behind on my rent. How can I stop them from with holding my last paycheck?

106. Posted by: jay a reed

     12/3/2008 I was laid off at 60 years old and three others were not. the other three had less time in the co than i do and thay were much younger than i am.is their anything i can do?

     jay a reed

107. Posted by: Amelia

     Hi jay! That depends. When layoffs occur, there is no law or general rule that employers must keep the employee with the most seniority, and lay off those who were more recently hired. It is up to the employer to establish the criteria for which employees they will keep. In some cases, it is based on performance evaluations or an objective test of skills. In other cases, frankly, the employer decides that if they are going to lay off one employee, they save the most money by laying off the employee with the highest salary. This is a perfectly legitimate business decision.
     In some cases, a union contract or other written agreement will specify who is to be laid off.
     However, if this decision was based on age, that is illegal discrimination. The ADEA, Age Discrimination in Employment Act, prohibits discrimination against employees who are between 40 and 70. If you feel this is the case, you can lodge a complaint with the EEOC at http://www.eeoc.gov. They will investigate the complaint for you to determine if you have a case. The EEOC reports that valid complaints of age discrimination were at new highs in 2008, and are expected to be even higher in 2009. HTH, and thanks for reading the blogs!~ Amelia

108. Posted by: Bob

     my question is in the state of arizona,can an employer cancel paying my vacation pay 1 week before my scheduled vacation? i have worked at the same place for 6 years but new owners took over 1 year ago,so offically i have worked for the year..thank you for taking the time to anwser..

109. Posted by: Amelia

     Hi Bob! This is a raw deal but it is lawful. Unfortunately, the new owners can set the vacation policy, and they can change it whenever they like. As long as they are not singling you out based on race, color, religion, sex, etc. it is lawful. HTH, and thanks for reading the blogs!~ Amelia

110. Posted by: doreen

     my husband and son both work at the same company. several times the owner has been late in sending payment to all the workers. It has put almost all the workers in a jam. theres always excuse after excuse. when they were hired, they were told that paydays are the fifth and twentieth of each month. so bills were arranged to be paid on those days. they were told that if payday fell on a saturday the checks would be there the fri before. if on sunday, the monday after. well the checks are again late. we were told that the accountant was bringing the checks from utah to arizona yesterday. well she apparently never showed, they usually send the checks via ups or fedEx. now they are saying the checks wont be there til two pm which we find is a long shot even then. Son was supposed to pay his vehicle payment yesterday, and we were to pay on this computer plus our rent yesterday. being believing the checks were supposed to be there yesterday. they said last nite they would be dispersed first thing this morning. well hubby called and they said two pm. last pay day, hubby only recieved 1/2 his pay, then had to way three days to get the other half. they’ve done this quite often and more so lately. what can he do>? we are on the verge of lsoing our place of living and our computer, son is on verge of losing his tv and vehicle, both of which payments are being made. cuz the company keeps doing this. the places being paid are tired of the excuses and lies. what can be done?

111. Posted by: Amelia

     Hi doreen! This is not a good situation, as we are sure you know. Of course the story about the accountant driving from Utah to Arizona with the paychecks is pure hogwash. The employer is having severe cash flow problems and does not have the money in the bank to make payroll. That’s why he is holding the paychecks until after the banks close at 2 pm.
     Needless to say, an ethical and responsible employer does not act this way. Unfortunately, when an employer starts pulling stunts like this, they usually go out of business. If that happens, and they owe employees for back pay, the employees may never collect.
     Both federal and Arizona law require that employers pay workers. Under Arizona law, an employer must pay workers at least twice monthly, and must pay wages in full within 5 days of the end of the pay period. The next time the employer fails to meet this standard, you should report them to the Industrial Commission of Arizona. They will investigate and if the employer fails to comply, they will prosecute. (Almost all employers comply once the ICA gets involved.)
     The bigger problem is that there is a good chance that both your huband and son will be out of work within a few months. They should begin looking for a different job now. They should also use any vacation time they may have, for the job hunt. HTH, and thanks for reading the blogs!~ Amelia

112. Posted by: Doug

     I am currently working as an employee for let’s say Company A who then contracts me to Company B. Then Company B in turn contracts me to Company C. Since I have been hired I have only had contact with Company C who talks with me frequently about the renewal of my contracts and so on. I am currently on my fourth - six month contract. So in March of 09 when my contract was to be renewed, Company C told me that the budget has been allocated and everything is fine with the renewal of my contract. Recently, Company A proceeded to tell me that as of Aug 1st, I will receive a 1/3 pay cut. This type of pay cut will not make it possible for me to stay employed with company A, B or C any longer. But due to the responsibilities that Company C has given to me, they must have the opportunity to react in order to stop me from leaving… however Company A and B both told me point blank that if I mentioned anything to Company C with regard to a pay cut I would be terminated immediately. Is this legal? What are my rights and who should I contact?

113. Posted by: Amelia

     Hi Doug! Unfortunately, yes, this is probably legal. By disclosing your salary, you would be sharing Company A’s private financial information with Company C. The real question here is: do you want to remain with company A under these circumstances? Or do you want to take your chances in what is admittedly a very difficult employment market? If you were no longer working for Company A, would Company C hire you? It also may depend upon whether or not you have a non-compete contract in place and how hard it is going to be for Company A, B or C to replace you.
     Your choices are: a) Keep your mouth shut, accept the 1/3 pay cut and keep working at company C
     b) Quit instead of accepting the pay cut and collect unemployment while you look for another job (assuming that you truly are an employee and not an independent contractor.) Be aware that if you work under the new salary at all, you have accepted it.
     c) Mention the paycut to someone at Company C and cross your fingers that you won’t get fired, or that if you do Company C will hire you. You could certainly tell someone at Company C how much you would like to continue to work there, but that the new payment structure just makes it impossible, and let them figure it out.
     We agree that this situation sucks. Many people are accepting salary decreases, but a 33% cut is a lot. Can the employer really fire you for talking about your salary to Company C? Yes, they can. So what you do really depends upon your goals here. HTH, and thanks for reading the blogs!~ Amelia

114. Posted by: Jackie

     Hello,

     I have several issues and questions

     I was hired at a full time salaried position. After working about 3 weeks, i got sick and took the day off. The next week was a holiday week. I asked my supervisor if i could work one of the days the following week, which would have made up for the day i missed and made it 40 hours plus the 8 hours for the holiday. I was told no they dont allow that. Now, the week after the holiday another employee got just that. on the week of the holiday she worked the 40 hours and got the 8 hours holiday. She got an extra day off the week AFTER the holiday. I was just wondering if that is legal or is it favortisium?

     Keep in mind, i was hired as a salaried employee….

     Next scenero, When i missed that day at work, they did not pay me for it, which i was fine with. Until, They expected me to work more than my scheduled hours in a day, and not pay me for it. ie.. scheduled hours 10/day and i worked 15/day, but only got paid for the 10 hours. I was not given an opportunity to make the missed day up, they said. “you are salary, and the expectation is to work till the job is done.” Can they legally do these things?

115. Posted by: Amelia

     Hi Jackie!
     Actually, it appears to us that you are being correctly treated as a salaried exempt employee.
     Under both federal and Arizona law, an employer must pay the exempt worker the same salary each week, regardless of the number of hours that she works. However, there is a special exception to that rule that permits the employer to withhold a day’s salary, under some circumstances, if the employee is sick and misses an entire day of work. Only employers who offer a legitimate paid sick leave program can do this. Our best guess is that your employer does offer sick leave — but you had not been there long enough to be paid for your sick day. So the employer was correct in paying you 4/5 of your usual salary that week.
     (If you had worked a few hours that day and then gone home sick, you would be entitled to payment of your full week’s salary. But since you missed the entire day, the employer can dock your pay for one day.)
     They were also right in not allowing you to work a day the following week. Exempt employees are paid the same salary regardless of how many hours or days they work within the payroll week. So they would owe you the same salary for that week whether you worked 4, 5, 6 or 7 days that week (as long as you worked every day you were scheduled, and did not call in sick any days.) You seem to assume that if you worked 4 days one week (with one sick day) and 5 or 6 days the next week, that evens out. But it doesn’t. You will still be due 4/5 of your salary for the first week, and your usual weekly salary for the second week.
     Exempt employees are never entitled to overtime, even if they work 100 or more hours per week, every week. Nor are they entitled to take time off to compensate. The whole concept of a 40-hour work week does not apply to exempt employees, from a legal perspective.
     Finally, the favoritism issue…yes, this was favoritism and yes, it is legal. Although some companies have policies forbidding favoritism, most do not. There is no law against favoritism. Discrimination is illegal only if it is based on race, color, religion, age (between 40 and 70), sex, pregnancy, disability or genetic information. But discriminating against an employee who is new, or favoring one who has done an excellent job in the past, is not illegal.
     In fact, there may be a legitimate reason why the employer permitted this other worker to take an extra day off the following week. She may have volunteered to fill in when they needed her during the holiday week. In that case, the change was for the employer’s conveniance, not the employee’s. Or, they may be giving her preferrential treatment because she is a long-term, valued employee who does an excellent job.
     But as far as we can tell, everything you describe is lawful and even good management. HTH, and thanks for reading the blogs!~ Amelia

116. Posted by: Jackie

     Hey there,

     I just have one issue with your answer to me. How can favoritism be good management? I can understand the salary issue, but favoritism is never good management.

     Thx

117. Posted by: Steve Austin

     After 7 months I think that my old company is going to offer to hire me back through my union. However, I think they are not going to offer the back pay, just the job. I am not interested if that is the case and would rather pursue a suit against the company. But I want that offer on paper and keep it so that I can use it against them should this ever go to trial. It is my feeling if they finally make the offer after all this time then they are admitting that I should never have been terminated in the first place. My termination had nothing to do with ethics, fraud or anything of that nature. I supposedly violated company policy. So as I view it ( and I certainly am biased) I either violated it or I didnt and in my opinion they should have to pay the consequences of their actions. This same conclusion could have been made by them within the first month ( all the evidence was there) but they did not consider my resolve. The consequences for me have been 6 months of unemployment after I had to fight them for that through a DES hearing before an ALJ.

     What a web we weave when at first we try to deceive !!

     Any advise would be helpful. I know the smart play is to take the job back so the health benefits are reinstated, however, my wife now has qualified our family with benefits through her company.

118. Posted by: Amelia

     Hi Jackie! You might very well be right. We are making different assumptions. We are assuming that the long-term employee is being treated differently because of her excellent performance and perhaps because she is willing to work whenever they need her. Treating excellent employees better than unproven employees is often good management.
     However, if she is being treated better than other employees for reasons unrelated to her job performance, then you are right. That type of favoritism is not good management. But it is still legal, unfortunately. Cheers!~ Amelia

119. Posted by: Amelia

     Hi Steve! You definitely have a decision to make. But we’d like to offer a slightly different point of view.
     It sounds like you feel you were wrongfully terminated. If that is the case, you should probably hire an attorney and pursue a wrongful termination case against the employer. If you win the lawsuit, you would most likely be reinstated with back pay. If you have a strong case, some attorneys will accept it without any payment up front. If they all demand payment in advance, your case is weak and we would not advise pursuing it.
     However, be aware that in Arizona as in most states, the “employment at will” doctrine prevails. This means any employer can fire any worker at any time, with or without notice, for any reason or without any reason. (The employee also has the right to quit his or her job at any time, with or without notice, for any reason or without a reason.) It sounds like the termination may have fallen within the at-will category.
     If this was an at-will termination, it would be foolish to expect the employer to offer back pay for the past 7 months. After all, employers pay people for the work they do. You did not perform any work for the company during the past 7 months. So how can they justify paying you?
     Unfortunately, the offer of employment is not an admission of guilt. Many, many companies terminate employees for fairly minor reasons like violating policies and at some point decide to take the employee back. That doesn’t mean the employee is innocent — it just means the employer believes in second chances.
     If you are still collecting unemployment, it will run out in a month or so. This is a really, really bad time to be looking for a job. So your options are to sit at home and try to live on your wife’s salary…or go back to work for the old employer. Our advice would be to go back to work for the employer, and continue to look for a different or better job. (And perhaps continue to pursue a wrongful termination suit.) HTH, and thanks for reading the blogs!~ Amelia

120. Posted by: Steve Austin

     Thanks for the advice….. Back in Febuary I was advised to file an EEOC complaint which I finally did about 3 weeks ago. It was soon after that the union saw a complete change in the companys attitude. If they believed in second chances then I would have been back to work in a few weeks. I have an attorney but can not pursue a case until after the EEOC case if complete. The company was surprised when I had my attorney appear with me at the DES hearing. That should have been their first warning that I was serious. We brought them to their knees at that hearing and I was surprised they did not cave then. I think they are getting the message. My termination was not done in haste. They took 4 days to make a decision. They made a mistake and just as I have suffered so should they, one way or another.

121. Posted by: Amelia

     Hi Steve! Yes, if you filed an EEOC complaint you should see that process through. If this job offer was immediately after that, then you probably have a good case. (and it would have been a good thing to mention in your original post.) Often filing an EEOC complaint captures the company’s attention in a way that simply griping does not. You should consult with your attorney or the EEOC on whether to accept this job offer or not, but we can understand why you would not.
     We have never heard anyone refer to being awarded unemployment benefits as “bringing the company to their knees” before, but if that’s how you see it, great. The next logical step probably would have been for you to file a wrongful termination case at that point.
     A word to the wise — companies don’t suffer. Nothing you can do to them will case the same pain that you have felt. (Partly because for them it’s just a small part of their business, but for you it’s your whole life.) So that may not be a reasonable goal. Companies do learn. If your goal is to be reinstated to your job, and be awarded back pay, that’s reasonable. Expecting the company to learn from this mistake and not do the same thing to other employees in the future, is reasonable. They may also learn not to mess with you. But expecting them to “suffer”…not so much. Best of luck to you! ~ Amelia

122. Posted by: CJ

     I work for a small private utility company and for seven years now I have been made to go to the owners house and do chores like yard maintance, electrical, floortile, asphaltt, ect. As time goes on thier seems to be more and more to do at his home. The utility pays my wages but I want to work at the utility not at his house doing god knows what. When I was interviewed thier was no mention of this house work. When I have told the owner that I dont think this is right I get a” you can hit the road ” type of answer. These chores are driving me crazy! Is this legal or unethical or should I quit crying and go back to work.

123. Posted by: Amelia

     Hi CJ! This is certainly unethical — but it may not be illegal. If the utility is privately owned, then the owner can have you do pretty much anything that he wants. It’s his money, and he is simply treating his home repairs as a business expense. You could try doing a poor job of the home repairs, but then he might fire you.
     If the utility company is owned by stockholders or with partners, then they are being ripped off. You could send an anonymous letter to them suggesting that they audit the books or check up on the owner’s activities.
     Unfortunately, many, many people get away with this type of unethical conduct. You are right to be concerned. For one thing, if you are injured at the employer’s home, you may not be covered under workers’ comp. But if the company is privately owned, the best you can do is probably search for another job. HTH, and thanks for reading the blogs!~ Amelia

124. Posted by: Mattie

     Hello, Amelia. I have a question regarding a friend of mine. It starts with her getting hurt at work, and being on workman’s comp. for 2 months. When she was released back to work fulltime, she all of a sudden started getting written up. She had never been written up previously, and had been employed for a year and a half. Now, she just recently she became very ill, and missed several days from work. She went to the doctor, and he gave her a note stating she couldn’t work for 3 days. When she called her boss on the day she was to return to work, he boss told her to bring in her equipment, she would have her last check waiting for her and she was being let go. Its just that, this all sounds very suspicious considering she had just come off workmans comp. Now, I know that Arizona is a right to work state and an employee can be terminated at any time and for no reason, but my question is can you leagally be terminated because of an illness.

     Thanks,
     Mattie

125. Posted by: Amelia

     Hi Mattie! This may be legal.
     First of all, many people make this mistake but “right to work” means you cannot be required to join a union, in order to get a job. “Employment at will” means the employer can fire any work at any time, with or without a reason and with or without notice.
     However, it is illegal to retaliate against an employee who has a workers comp claim. Our suggestion is that your friend contact the Arizona Workers Comp Ombudsman about this.
     If this is not illegal retaliation, then yes, the employer can fire an employee for missing too much time from work — even if the absence was due to an illness. (If the employer has 50 or more employees within 75 miles, and your friend had a serious health condition, then she might be entitled to unpaid leave under FMLA. But many illnesses such as the flu are not covered by FMLA — and it does not apply to smaller companies.) If you friend thinks that her work-related injury was a factor in her termination, then she can certainly see a lawyer and file a lawsuit for wrongful termination. But it is by no means a sure thing. HTH, and thanks for reading the blogs!~ Amelia

126. Posted by: Mitchell

     I work as a server in a restaurant. I went from working 36 hours a week to just 12. I did not change my availability at all and even stated I am open to work any time. My general manager told me that my hours being cut was not a disciplinary action but because there isn’t enough business to have me on the floor. However, he still schedules other people in my old shift. I was given back more hours, but it was only because other people had requested time off and I am once again only working two days a week. None of the managing staff has once talked to me about my performance. Should I report this to the labor board, and if so, what is the best way of going about doing it?

127. Posted by: Amelia

     Hi Mitchell! There is really nothing to report to the labor board. An employer can reduce an employee’s schedule at will. If this action is taken based on your race, color, sex, age (between 40 and 70), pregnancy, disability, religion, or national ancestry then it is illegal discrimination. If the management is doing this simply because they don’t like you, or think you don’t do a good job, that is perfectly legal.
     Employees whose schedules are severely reduced are entitled to unemployment benefits, even if they are still working part-time. Our suggestion is that you apply for unemployment because you were working 36 horus per week and are now working just 12.
     At the same time, you may want to have a frank, tactful discussion about your performance with a manager. Choose the manager you have the best rapport with, and a time that is not busy. Ask the manager if there is anything that you can do to improve your performance, and if they have any concerns they. As an employee, you bear as much responsibility for communication as the manager does. HTH, and thanks for reading the blogs!~ Amelia

128. Posted by: Peggy

     I work for a physician. I was the office manager of this clinic for 4 years prior to this physician assuming the practice. When the new physician took over he verbally told myselt and the other 2 employees that our job titles would remain the same as long as our benefits and we would remain full time employees working the same hours that we have been accustomed to working. We were verbally promised sick time, vacation, and medical benefits. 3 months after the physician took over, he got married. His wife came into the office 2 weeks later and gave us notes stating that she would be running the office now and that we would all be answering to her. She never speaks to us directly but leaves us notes with our paychecks telling us of policy changes that are effective immediately. She screams at us as well as screams at the doctor in the office. Can this be considered harrassment and what can we do about it

129. Posted by: Amelia

     Hi Peggy! This is poor management, but because she treats everyone that way, there is no illegal discrimination here. There is no blanket category of “harassment” at work. The illegal activity is sexual harassment, meaning an employee is subjected to repeated advances, taunts, unwanted attention or negative behavior due to his or her gender. This is not sexual harassment. The doctor’s wife sounds like a shrew, but that is not illegal.

     An employer generally makes the rules within the workplace, and the employer can change them at will, without the employee’s permission. In this case, you are being informed of the policy changes in writing.

     What you can do about this is look for a better job. Sorry, but even if you complain to the doctor, he is more likely to fire the complaining employees than divorce his wife. HTH, and thanks for reading the blogs!~ Amelia

130. Posted by: Peggy

     Our employer’s wife is now doing all the payroll. She loaded all the Quickbooks Information onto her laptop. She uses this laptop for her school and all of her personal business as well as work. She carries this laptop with her when she flies out of state. She takes it with her on out of town trips as well, not to mention carries it back and forth from her house to office daily. We have mentioned to her that we don’t feel comfortable with her carrying all of our personal information, (SS#, bank account, address, birth date, etc.) We were told that it was none of our business where she takes her computer. We asked that she keep the information in a secure location but again we were told that it was not our business. What responsitibility do employers have to their employees to see that their personal information is protected?

131. Posted by: Steve Austin

     OK I have come to you before and I have had great advise and I am here again cause I just dont understand something. I will do a quick review…

     on 1-12-09 I was terminated for “violating company policy with a no call no show” because I sent a text message instead of calling. that is the exact reason on my term papers… then in my DES hearing when they challenged my UI benefits they claimed that sending a text is not acceptable ( even though the union contract does not specify how the contact is to be made) …
     ok so the very next night after i “violated” the policy with a text a member of my night team sent me a text telling me he was not coming to work… i was off that night ( he was not aware of that) and did not get the message until the next morning… i found out that he never made any other contact… so we both committed the same violation that was supposedly against policy yet he is still employed… and i am not…. earlier you had told me that i may have an eeoc case if he is of a different ethnic group which he is… i did file my charge with the eeoc and have my interview next week… but i wonder… with this “at will ” employment…do they have the right to do that? lets forget the fact that the other employee is of different ethninticity…. if we were both the same….. would i have any other remedy…. i just find it hard to believe that the only thing i have to hang my hat on here is if the eeoc will declare that is was discrimination….. is there nothing else that they may have violated? the other employee gave me a signed statement that he did in fact send a text message to call in sick.. my employer was given that statement prior to our DES hearing back on 4-7-09…. i feel that they had the chance once they received that statement to investigate and then “make things right” but they have clearly not taken advantage…. in May the company met with the union again and again they were given this statement… the head of HR just happened to be in that meeting…. she claimed that she had never seen the statement and said they would investigate further…. but still decided not to reinstate …. the latest movement was the company requested my text message logs from the past year…after a fight with verizon i got them… part of my contention was that the boss and i had many forms of communication and text was one of them…. so if we could communicate by text for other things, why not this situation… there were 40 seperate texts between us ( all regards to work) in a 4 month period…. with him initiating the very first text… i think that proves what i was saying.. but it has been 2 weeks now and they have not “gotten back” with the union about the text message logs… ok … i rambled on… back to my question… is this really part of the “at will ” employment and do they have the right to do something so blatant? and get away with it? i was considered the night manager ( but still covered under the CB agreement) while he was just a clerk.
     thanks

132. Posted by: Peggy

     Today our boss and his wife had a meeting with two of us. There are only 3 employees in the practice. The wife screamed and yelled at us. The boss told us that we were very easily replaceable with younger less experienced girls who would not question what they are doing.

133. Posted by: Amelia

     Hi Steve! Okay, here’s the thing. The employer makes the policies regarding call-ins (and most other workplace issues.) So the fact that you have had text conversations with you supervisor on other occasions, about other topics, does not change anything. Unless the employer specifically has a policy in place that calling in by text message is okay, then you are pretty much out of luck. The employer can terminate you for not reporting properly when absent — and the employer gets to determine what “properly” is.
     If the employer made this decision based on race or ethnic group, that is illegal discrimination. But if it was based on another factor, then the decision was lawful.
     It is reasonable for the employer to expect a night manager to be more responsible than a clerk. So it would be reasonable to terminate you for one no call/no show but retain the clerk (perhaps with a written warning.)
     The action taken also depends upon the employee’s past record. If you have been written up for other infractions, or have less than stellar performance, then the employer can terminate you for that reason. If the clerk has not had previous discipline problems, then they can keep him for that reason.
     It is possible that you could hire an attorney and file a lawsuit against the company for wrongful termination. But frankly, we would be surprised if you won.
     You have a very powerful ally on your side in the union. If the union can’t win this case, it is doubtful that an attorney will.
     Frankly, your time would probably be better spent looking for a new job, rather than filing a lawsuit if the union does not get your job back for you. HTH, and thanks for reading the blogs!~ Amelia

134. Posted by: Amelia

     Hi Peggy! That’s a bad situation, but it doesn’t surprise us, given what you’ve already said about the situation.
     Frankly, the laptop is a non-issue. 99% of employers process payroll by computer, and many of those computers are laptops. Laptops are just as secure as a desktop computer. There is no reason to believe that even if someone stole the laptop, he or she would know the passwords to access your payroll information.
     A few states have laws that would prohibit the employer from sharing your social security number with others. But no state prevents an employer from having payroll on a laptop, or from taking the payroll laptop out of state. There is no law that prohibits the employer from doing payroll on a laptop that they also use for school or other tasks.
     Millions of business executives travel with their laptops every day. The majority of those computers have payroll or sensitive financial information on them.
     Unless your employer is the CIA, people who steal laptops are interested in reselling the computer. They aren’t interested in your private information on the computer, even if they could access it. Frankly, over-reacting to this issue makes you and your coworkers seem…not entirely rational.
     However, the meeting is a different situation. If you or the other employees are between the age of 40 and 70, the boss’s statements that you are very easily replaced with younger employees may be illegal discrimination based on age. Unfortunately, because the employer is so small, they are not covered by federal anti-discrimination laws. It is not clear if they are covered by Arizona non-discrimination law or not. YOu may want to contact them at http://www.azag.gov to find out. Otherwise, there is a new sheriff in town, and the quicker you and your coworkers adjust, the happier you will be. HTH, and thanks for reading the blogs!~ Amelia

135. Posted by: Vilma

     I work at [employer name deledted] in Tucson, Sports Bar deal, I am a server and I was wondering if it is illegal for us to pay a walk-out tab? Since it’s a sports bar and we are rather busy with more than 50 people at a time, some people do get to slip away and run for it. I have had to pay $50 dollars out of my own money for a walk-out, and still have to claim full amount + those 50 dollars. I just dont understand how this works. If it is state law that we cannot buy drinks for our guests/customers, why do we have to pay out of pocket when they leave without paying their bill???Is’nt it the same thing? I have had other staff members go through this till the day, and its rough now at days because economy is so low that monday-friday we barely even make 30 dollars, and if we get a walk out we are screwed and walk out with nothing. Please help!!

136. Posted by: Amelia

     Hi Vilma! This is a grey area under Arizona law. The employer can certainly ask you to voluntarily pay the tab when a guest walks out. And you can certainly decline. In many states, at that point, the employer cannot legally deduct the amount of the tab from your payroll check. However, it appears that Arizona offers employees no such protection. (We will note that Arizona offers less protection to tipped workers than almost any other state.)
     Unfortunately, if you refuse to pay the tab for the walk-out, the employer can discipline or terminate you. So you are “voluntarily” paying the tab to ensure that no disciplinary action is taken.
     You could certainly refuse to pay the tab and see what happens, but you might lose your job. HTH, and thanks for reading the blogs!~ Amelia