Areas of Practice
Our attorneys expertly navigate employment issues such as discrimination, wrongful termination, retaliation, unpaid wages, and workplace or sexual harassment.
Discrimination in the workplace, prohibited by both Federal and State laws, targets individuals in protected classes based on factors such as sex, sexual orientation, race, religion, pregnancy, military status, disability, national origin, and age. Workplace discrimination can occur at various stages of employment, such as hiring, promotion, discipline, leave, accommodations, and termination, leading to harassment or differential reatment. Acts of discrimination can take various forms, including denial of reasonable accommodations, and retaliation for reporting discriminatory acts.
Employers must adhere tto FMLA allowing eligible employees unpaid, job-protected leave for various family and medical reasons. Under FMLA, employees have rights to twelve workweeks of leave or intermittent leave for reasons such as childbirth, adoption, caring for family members with serious health conditions, or dealing with their health issues. Additionally, eligible employees can take 26 workweeks of leave as a military caregiver for specific family members with severe injuries or illnesses.
Employee terminations can be emotionally challenging, with some employers opting to offer a severance package to the departing employee. A severance package, a mutually agreed-upon legal contract, may include financial compensation and other terms negotiated during separation discussions. During negotiations, an attorney can assist in securing favorable terms, including additional severance pay, benefits, confidentiality and reference options.
One of the fundamental principles in employment law is that all employees are entitled to fair and equal compensation. Instances of discrimination such as gender, age, and disability discrimination can result in unequal pay for workers. The Equal Pay Act mandates that compensation must be equal for substantially similar jobs, considering factors like skill, effort, and working conditions. While the law prohibits paying different wages based on sex for similar work, exceptions are allowed for factors such as seniority, skill level, and hours worked.
The Arizona Civil Rights Act and Title VII of the Civil Rights Act prohibit sex discrimination, including sexual harassment, categorized into quid pro quo and hostile environment. Quid pro quo involves unwelcome advances impacting employment decisions, while a hostile environment creates an offensive workplace environment through harassment of a sexual nature. Both types of sexual harassment are illegal under Arizona and Federal laws, protecting employees of all genders.
The Fair Labor Standards Act (FLSA) establishes federal standards for minimum wage, overtime pay, and recordkeeping. Non-exempt employees must be paid 1.5 times their regular wage for hours exceeding 40 in a workweek as mandated by the FLSA. Misclassification of employees as exempt, based on criteria like Administrative, Executive, or Professional roles, allows employers to avoid paying overtime wages.
Arizona operates under the "at-will" employment doctrine, allowing employers to terminate employees for any reason, except those deemed unlawful. Wrongful termination transpires when an employee is fired for illegal motives such as protected classes, medical leave, jury duty, filing workers' compensation claims, reporting illegal activities, whistleblowing under state law, or retaliation.
When parties execute an employment contract, they become legally obligated to abide by the terms of the contract. However, sometimes a party will breach a contract, which is when one party fails to fulfil their obligations under the contract (in whole or in part) without a legal excuse. The severity of the breach will determine what kind of damages the non-breaching party may be legally entitled to.
Whistleblower protections aim to safeguard employees who disclose employer unlawful conduct from retaliation. A whistleblower is an individual who reports internal or external organizational misconduct relating to waste, fraud, abuse, or threats to public welfare, among other things. Without whistleblowers, critical information about misconduct may remain undisclosed. If a whistleblower experiences adverse actions, such as termination, as a result of disclosing unlawful conduct, they have legal recourse and should seek redress
The Fair Wages and Healthy Families Act of 2017 in Arizona, guarantees paid sick leave to all employees, with limited exceptions. Under this law, employers are required to provide eligible employees with a minimum amount of paid sick leave annually. Employees can utilize sick time for medical care, public health emergencies, or situations involving domestic violence. The amount of sick leave available varies based on employer size. This law also prohibits an employer from retaliating against an employee for using their earned sick time.
Individuals may seek representation at the EEOC when they believe they have experienced workplace discrimination based on factors such as race, gender, age, religion, disability, or retaliation. In cases where an employer has violated federal anti-discrimination laws, individuals may file a complaint with the EEOC to seek redress. Representation at the EEOC can help individuals navigate the claims process, gather evidence, negotiate with the employer, and protect their legal rights
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment and reemployment rights of uniformed service members. USERRA ensures that service members can return to their civilian employment without facing discrimination or retaliation due to their military service. Employers are required to reemploy service members promptly upon their return from military duty, provided certain conditions are met