Employment Law
NOTICE: We apologize, but at this time the Daly Law Firm is currently not accepting new clients for employment related matters.
Our jobs and careers take up a significant portion of our lives. We spend a lot of time with co-workers and employers and most of the time it is pleasant and enjoyable to collaborate with others. However sometimes co-workers and employers annoy us to the extent that it rises to harassment and hostile work environment. Because we spend so much of our lives at work, there are rights to protect employees under Federal and Arizona law.
Phoenix Employment Law Attorney
If you are the victim of workplace discrimination or harassment resulting in a hostile work environment or wrongful termination, contact the Daly Law Firm to discuss your case. Together you and I can choose the best legal option available to you. I represent clients in the following employment related cases:
- Wrongful termination
- Sexual harassment/hostile work environment
- Discrimination/retaliation
- Family medical leave act
- Unemployment benefits/cobra
- Wage and hour disputes
- EEOC claims
Remember you cannot be fired, harassed or discriminated against because you are pregnant, or because of your ethnicity, disability, religion, national origin or because you declined the sexual advances of a supervisor or employer. It is also wrong for an employer or supervisor to retaliate against you for registering a workplace discrimination or harassment complaint.
Employment Law Information Center
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What is a “right to work state”?
A right to work state means that employees do not have to get into a labor union and pay dues and fees in order to work. Essentially you are working “at will” meaning that you can quit a job at any time. The reverse side is that since you are working “at will” it is possible for your boss to fire you at any time for nearly any reason unless it violates federal or state labor laws. Below is the language from the Arizona state constitution regarding employment.
Here is how Arizona's Constitution, article XXV, reads:
Right to work or employment without membership in labor organization: No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization.
The statutes relating to Right to Work in Arizona can be found in Arizona Revised Statutes Title 23-1301 through 1307.
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What is the Family Medical Leave Act?
The Family Medical Leave Act or the FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave).
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What are examples of EEOC claims?
There are ten basic Equal Employment Opportunity Commission claims that Title VII of the Civil Rights Act of 1964 addresses:
- Age Discrimination
- Disability Discrimination
- Equal Pay and Compensation Discrimination
- National Origin Discrimination
- Pregnancy Discrimination
- Race-Based Discrimination
- Religious Discrimination
- Sex Bases Discrimination
- Sexual Harassment
- Retaliation
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Resources
Arizona Department of Economic Security-explains eligibility for unemployment benefits in Arizona
Family Medical Leave Act-explains eligibility for taking unpaid, job protected leave for specified family or health reasons
US Equal Employment Opportunity Commission-provides in depth information about employment discrimination claims
Daly Law Firm, PLLC- Phoenix Divorce Lawyer
I understand that employment issues can be highly emotional and stressful. If you are seeking legal advice or representation for employment related lawsuits in Phoenix, Scottsdale, or the area of Maricopa County, call me at (480) 607-8308 for a free consultation.