Jaburg Wilk

News/Publications

Employment

  • 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

  • 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

  • Medical Marijuana Can be a Tricky Issue for Arizona Employers

    Medical Marijuana Can be a Tricky Issue for Arizona Employers

    In 2010, Arizona voters approved a medical marijuana law that applies to most employers. Generally, the law states that it is unlawful for an Arizona employer to refuse to hire (or terminate) an employee simply because they have a medical marijuana card. There are, however, some important limitations or things to know.

    When Arizona employers are conducting a drug screen for new hires or a random drug test of all … Read More

    Categories: Employment, Article

  • Are Performance Improvement Plans the Best Practice?

    Are Performance Improvement Plans the Best Practice?

    I often get asked – what is the best way to terminate an employee? Often, the discussion centers around whether the employer should issue a written warning and/or performance improvement plan ("PIP")?

    Many attorneys feel that employers should give the employee at least one written warning and then put them on a PIP. That way, there is a good paper trail. It also gives the employee a chance to correct the … Read More

    Categories: Employment, Article

  • Not Keeping Employment Records Can Place Arizona Employers at Risk

    Not Keeping Employment Records Can Place Arizona Employers at Risk

    How long should Arizona employers keep employment records? The short answer is - it depends. Most Arizona and federal employment law claims have a fairly short statute of limitations. Under Title VII, employees must file a charge of discrimination with the EEOC within 300 days from the act of discrimination. Under the Arizona Employment Protection Act, there is a one-year statute of limitations for wrongful … Read More

    Categories: Employment, Article

  • The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment

    The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment

    It is important that Arizona employers know how to properly respond to complaints of unlawful discrimination or harassment, particularly in light of the MeToo movement. Each year, I consult with employees seeking legal advice about a possible discrimination claim against their employer. I also represent employers addressing discrimination complaints. This gives me a unique vantage point to see where there was a … Read More

    Categories: Employment, Article

  • Why Do You Fight so Hard to Protect Reputations?

    Why Do You Fight so Hard to Protect Reputations?

    Video Transcript:

    Reputations are critical to every one of us. It makes such a difference at work. It makes such a difference at home. From the Bible to Shakespeare, you find references about how important one's reputation is. As Shakespeare said, "He who filches my purse steals nothing. He takes that which I can get again, but he who steals my reputation steals everything with something that does not enrich him, … Read More

    Categories: Employment, Blog

  • What Is a “Wrongful Termination” in Arizona?

    What Is a “Wrongful Termination” in Arizona?

    Arizona is an “at-will” employment state. This means an employer can terminate you for any reason or no reason, except an unlawful reason. If you are terminated for an unlawful reason, then you may have a claim for wrongful termination.  If, on the other hand, you are terminated for no reason or a lawful reason, you do not have a claim for wrongful termination.  

     So, what are … Read More

    Categories: Employment, Article

  • What If an Arizona Employer Won’t Pay Wages?

    What If an Arizona Employer Won’t Pay Wages?

    If you are working for an Arizona employer and feel that you have not been paid all of the wages you are owed, there are several things you need to know. 

    First, what kind of wages are you owed? Minimum wages? Overtime wages? Ordinary wages? The difference matters because different agencies have jurisdiction to address these claims.   

    If you believe you are owed minimum wages, you can file a … Read More

    Categories: Employment, Article