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Blog Posts: Employment

September 23, 2019
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 ...
September 17, 2019
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...
September 8, 2019
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 o...
February 4, 2019
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 ...
February 4, 2019
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 ...
January 22, 2019
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 terminatio...
January 14, 2019
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 ...
May 29, 2018
There has been a lot of buzz about the U.S. Supreme Court’s recent decision about arbitration, Epic Systems Corp v. Lewis. It looks like employers can now avoid class actions by having their employees sign arbitration agreements. Indeed, a lot of law firms are rolling out new policies and emphasizing the need to arbitrate. But is it really a good idea?  Probab...
April 2, 2018
A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate business reasons for doing this, such as:Maintaining employee productivity by minimizing personal use of the employer’s telepho...
March 18, 2018
Employees who depart their employment do not always think about obligations they may continue to have to their former employer.  Former employers do, however, and should never underestimate what a departing employee may or may not understand about such post-employment obligations.  There are methods and procedures that can mitigate potential pr...
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