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
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
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
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
Why Do You Fight so Hard to Protect Reputations?
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
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
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
15 Jaburg Wilk Attorneys Named to 2019 Best Lawyers® List
PHOENIX, Ariz. (08/15/2018) – Jaburg Wilk is pleased to announce that 15 lawyers have been included in the 2019 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
"Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary … Read More
Jaburg Wilk Names Three New Partners
PHOENIX, Ariz. (07/01/2018) – Jaburg Wilk named three attorneys – Micalann C. Pepe, Jeffrey Silence and Michael Dvoren - as partners of the firm effective July 1, 2018.
Micalann Pepe is an insurance, litigation, and business law attorney and represents her insurer clients in insurance coverage disputes and bad faith litigation. She graduated from Arizona State University, Sandra Day O’Connor … Read More
Six Jaburg Wilk Attorneys Presenting at Arizona State Bar Convention
The Arizona State Bar Convention is held in June of each year. A large portion of the event is providing CLE to attorneys. The following are seminars that Jaburg Wilk attorneys have planned or are presenting at:
Life Insurance and Retirement Plan Considerations in Today’s Estate Planning Environment
Assisting estate planners and probate litigators to identify issues and opportunities for clients … Read More