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Laurent G. Badoux

Laurent Badoux’s Answers

8 total

  • Date of Termination question. When does the actual termination of employment occur?

    Does termination occur when the employee is notified or when the decision to terminate is made. Is it the last day the employee performed duties for the company? In Arizona if it matters. This is not about wages owed, but about was I an employe...

    Laurent’s Answer

    If you could provide more specific facts it would be easier to answer definitively. I would say either "the last day worked" or "the notification date" would generally be the likely answer, but it depends on the facts of your situation.

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  • Can my employer lower my salary by $5,000/yr and change my status from Salary Exempt to an Hourly employee.

    I signed an employment contract when I started with the company that stated my salary and employment status. Can they just change it by telling me so?

    Laurent’s Answer

    I agree with Darrel. True employment contracts are very rare in Arizona; they tend to be offer letters that memorialize a handful of terms, including compensation. Generally, under the doctrine of employment at-will, the terms of the employment relationship can be changed at any time. Your continued work for the company shows your approval of the revised terms.
    As to the second part of your question, employers are free to reclassify employees from exempt to hourly. It happens rather frequently, and often the base hourly rate of pay is slightly reduced from the annual amount because employers expect that the employees may be asked to work overtime. Most times, an employee's status or standing within the company is completely unaffected by the change of compensation method.

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  • How does the AZ sb1070 work now ?

    So tomorrow the other part of the sb1070 will be in progress. My question is will police just stop us of we look illegal ? Or does there have to be a good cause ? & what can people do if we feel they are racial profiling & violating our right ?

    Laurent’s Answer

    This is not really an employment law question. SB1070 does not change any Supreme Court pronouncement as to the constitutional requirements imposed upon law enforcement in the context of routine stops. If you need to know more, I would recommend consulting with a civil rights/civil liberties group.

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  • Aren't employers required to address bullying and defamation of character and issue consequences?

    I am a teacher in a district in Arizona. I have been at my current location for a little over a year and a half. There are many teachers here that hate our principal, and I have yet to be able to get a legitimate reason. I actually get along with...

    Laurent’s Answer

    Gossip is a legitimate problem in any workforce, but not one that generally finds a solution within employment laws. As the Supreme Court previously stated, employment laws are not a code of general civility. It is extremely hard for employers to address rumors or gossip and the effect that kind of conduct may have for those who are targets. It is possible that if certain specific facts come to light an employer could discipline an employee for conduct violating applicable company/district policy, but it is unlikely that such discipline would occur in the absence of clear evidence. Defamation (and related claims, e.g., libel and slander) are legal claims that are unique to you as the individual damages by these statements, not the type of claims an employer/district would raise.

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  • Does my boss have to show letters written about me by others,if I ask them to leave the names off?

    this is regarding mutual respect.

    Laurent’s Answer

    If you are in the middle of an internal investigation and you are still employed, the answer is no. Under Arizona law, an employer does not have an obligation to show you complaints made about you. You can appeal to the company representative's sense of fairness or offer to only get some specific relevant sentences provided to you so you can respond adequately to the allegations raised against you, but that is a decision for the company to make.

    In different contexts (civil litigation, labor dispute resolution, administrative complaint), you may be able to get access to such information.

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  • In Arizona is employer required to pay for PTO when employee quits or is terminated? Both or neither?

    Planning on quitting under negative circumstances. Will they have to pay for accrued vacation time?

    Laurent’s Answer

    Generally, the answer is no. There is no statute in Arizona that requires an employer to pay accrued but unused PTO upon termination, regardless of the reason for termination of employment. A company, however, may elect to pay PTO under some but not all circumstances. You should review whether the company has such a policy and find out whether you are eligible.

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  • I am wondering if I should hire an attorney or talk with human resources?

    I was demoted and told it was because of the decline in our business. I just found out a gentleman in my office is being promoted today. Not sure how he can be promoted and I was demoted.

    Laurent’s Answer

    Check with your Human Resources first to find out the company's answer. It doesn't cost you a thing and may help bring you peace of mind.

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  • In Arizona if you go to work at 1pm can they require you to go to lunch an hour after you get there?

    If you don't get to take a lunch and are scheduled for 8.5 hours can they not pay me for my .5 ot

    Laurent’s Answer

    There is no state or federal law in Arizona that requires an employer to give an employee a rest or meal break. If the Employer wants to give an unpaid break, that break generally should be at least 30 minutes in length and the employee must be free from work disruption. Unlike some other states like CA, OR & WA, there is nothing that dictates to an Arizona employer when an unpaid break must take place over the course of a shift.

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