Jaburg Wilk

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  • Can Your HOA Say No to VRBO?

    Can Your HOA Say No to VRBO?

    In the not-so-distant past, if you wanted to get from one place to another without a car of your own, you would call a taxi, with your only choice being which of the many taxicab companies to call upon. Now, of course, calling a taxi is scoffed at as being “old fashioned” and overpriced, with many, if not most, people opting to instead call Uber or Lyft, or some other rideshare service. Likewise, it … Read More

    Categories: Real Estate, Article

  • Separating Your Desire For Personal Validation

    Separating Your Desire For Personal Validation

    JW Way Fundamental #9: Leave your ego at the door . " At all times, stay focused on serving the needs of our client and our firm, rather than on serving your ego. Remember – it’s about the client and our firm, not you!”

    When we urge litigating clients to seriously consider a settlement offer, we usually remind them of one thing: the uncertainty of trial. We can rarely predict with any degree … Read More

    Categories: Culture, Article

  • Unexpected Prosecution with Unexpected Convictions - Could the Texas “Forest Park” Convictions Happen to Doctors in Arizona?

    Unexpected Prosecution with Unexpected Convictions - Could the Texas “Forest Park” Convictions Happen to Doctors in Arizona?

    On April 11, 2019, in a federal court, a Dallas jury returned verdicts of guilty against seven of the defendants in the criminal case styled “United States v. Beauchamp” [i] and commonly known as “Forest Park.” Of the original twenty-one defendants:  seven were convicted after a jury trial. Ten (including Dr. Beauchamp) pled guilty, one was tried separately, one was acquitted, for one … Read More

    Categories: Healthcare, Article

  • What is a Reasonable Accommodation Under the ADA?

    What is a Reasonable Accommodation Under the ADA?

    What is a Reasonable Accommodation Under the ADA? Under the Americans With Disabilities Act, as amended (“ADA”), employers have a duty to provide reasonable accommodations to qualified individuals with a disability. It is important for employers to understand their duty to meet and confer and what makes an accommodation “reasonable.”

    Duty to Meet and Confer

    Employees are required to be … Read More

    Categories: Employment, Article

  • Developing Personal Integrity

    Developing Personal Integrity

    JW Way Fundamental #8: Act with integrity. "Demonstrate an unwavering commitment to doing the right thing in very action you take and in every decision you make. Own up to your own mistakes and apologize. If you make a mistake, clean it up. "

    The expression of integrity is a virtue. Many of our JW Way Fundamentals reflect our aspiring to have cultural integrity throughout our firm. Fundamentals such as respect, … Read More

    Categories: Culture, Article

  • Stay Focused on the Outcome

    Stay Focused on the Outcome

    JW Way Fundamental #18: Speak constructively. "Address issues in a candid, direct, kind and respectful manner with those involved or affected. Be courageous enough to say what you believe should be said. Ask questions, share ideas, raise issues, and be open to responses. Make constructive suggestions in a way that helps make progress. When possible, speak in person rather than hiding behind email or voicemail. " … Read More

    Categories: Culture, Article

  • Employer’s Checklist for Terminating Employees – What To Do and What Not To Do

    Employer’s Checklist for Terminating Employees – What To Do and What Not To Do

    Arizona employers are often confused by the laws that govern employee terminations in this so-called “right to work” state. The “right to work” has nothing to do with an employee’s right to keep his or her job. What they are really talking about is the opposite idea, that Arizona is a “no right to work,” “at-will” employment state. This means that, in legal … Read More

    Categories: Employment, Article

  • Everything Arizona Employers Need to Know About PTO Policies

    Everything Arizona Employers Need to Know About PTO Policies

    Arizona employers often ask me what kind of flexibility they have in adopting paid time off (“PTO”) policies. Below are some common questions:

    Can employers have a “use it or lose it” policy where employees will not be paid any PTO upon separation, regardless of the reason?

    Can a PTO policy state that employees who quit will not be paid any accrued PTO, unless they give two weeks’ … Read More

    Categories: Employment, Article

  • Can Out-of-State Students Qualify for In-State Tuition at Arizona Public Universities?

    Can Out-of-State Students Qualify for In-State Tuition at Arizona Public Universities?

    The Arizona Board of Regents governs Arizona’s public university system, overseeing Arizona State University, Northern University of Arizona and the University of Arizona. The Board is required by law to establish uniform criterion for determining the residency status of students for tuition purposes. Thus, all three public universities employ the same procedures for determining whether students qualify for … Read More

    Categories: Article

  • Domestic Violence and Joint Legal Decision-Making in Arizona

    Domestic Violence and Joint Legal Decision-Making in Arizona

    Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to children. In Arizona, parents may joint legal decision-making authority or it could be awarded solely to one parent. Legal decision-making is defined as the “legal right and responsibility … Read More

    Categories: Family Law, Article