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Nathaniel James Hill
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Nathaniel Hill’s Answers

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  • I am a 69 years old and within forty eight hours of informing my employer that I would be needing shoulder I was terminated

    I have not had any performance issues prior to my discharge.

    Nathaniel’s Answer

    Depending on the size of your employer and how long you worked there, there may also be a claim for FMLA interference. If there was age or disability discrimination, your rights to assert that claim are subject to shorter time limits than most other claims. You should meet with an experienced employment attorney.

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  • I like to lift an order of injunction, how do I do that in the state of Arizona?

    none

    Nathaniel’s Answer

    An injunction against harassment can be opposed at any time during the one-year period that it is issued. You must request a hearing to oppose the injunction with the court that issued it. The court must then schedule a hearing to determine if the injunction is justified. The person who sought the injunction must be notified of the hearing and may also present evidence to keep the injunction in place. However, the judge is not likely to lift the injunction because the harm or injury that can be avoided by keeping it far outweighs the inconvenience of leaving it in place.

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  • Had post accident urine test. Results were sent to lab for further testing. three weeks later no reply why?

    Had post accident test at my employer. Went to clinic gave urine sample notified tech. I take prescribed medicine. She said somebody will contact you with questions concerning the specimen.. Contacted Human Resource she said bring in prescribed. ...

    Nathaniel’s Answer

    The issue is not whether you were legally allowed to take the medication, but whether you should have been performing the activity that resulted in an accident while taking that medication. Any substance on the federal controlled substance schedules I-V (see 21 USC 812) is considered a "drug" that may cause impairment under Arizona's workplace safety laws, ARS 23-493. This list includes many regularly prescribed drugs. If your medication could have caused impairment (as to be determined by further testing), you can be held responsible for the accident regardless of whether the medication was legally prescribed and taken as described.

    At this point, there isn't much that you can do to control the outcome. You have submitted the UA and must wait for the outcome and a decision from the employer.

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  • If my employer is asking employees to pay a dollar amount for broken property or hours will be cut, is that extortion?

    I am a detailer at a carwash and a trash can was damaged at work and no one seems to know who did it. Over two hundred people walk past and potentially use this trash can daily. The owner of the property and carwash created a list of every employ...

    Nathaniel’s Answer

    Tim is right that an employer cannot extort its employees. I'm not sure why, but carwashes always seem to come up in these types of issues. I would proceed with caution because whether or not it is legal, your employer will likely not take this advice as a helpful suggestion and further retaliation may result. If it does, then there is likely claim for retaliation. Either way, be careful about how you discuss this issue with your employer.

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  • Do I need to hire a lawyer

    Hi, I am 22 yrs. old, welder. I work with one other female coworker who has been haressing me claiming I send her threatening msg. ( my phones been suspended/i have that printed out from cricket ) she has said this to our plant manager. Even poli...

    Nathaniel’s Answer

    The police are not likely to invest much time or effort into this issue until they feel someone is threatened or actually harmed. If your job is hanging in the balance, you may need to be more proactive. You could get an injunction against harassment. If you believe she is physically threatening you, you can get an injunction against workplace harassment. This will give you an opportunity to have a judge determine if there has been harassment and issue you a protective order. She will also have an opportunity to present evidence of her side of the story, so you'd better have your documents and witnesses lined up. This is somewhat of a "nuclear" option, so I'd proceed with caution.

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  • Can an employee work over 40 hours, asked to be paid only 40 hours and apply the remaining hours towards a future date?

    We have an employee that would like to get paid 40 hours for the work week but working over 40 to apply the hours to a future date of his choice. He also asks if overtime is considered after 8 hours a day or after 40 hours a week regardless of da...

    Nathaniel’s Answer

    An employer may not "carry forward" hours already worked in a work week to a later week to avoid paying overtime. Even if it is at the employee's request. Some employers use the "fluctuating work week" method to provide hourly employees with a regular rate of pay despite seasonal increases (more than 40) and decreases (less than 40) of hours worked. However, without more information, this does not sound like a situation where the fluctuating work week method would apply. There is too much potential for an employer to avoid the FLSA's overtime requirements if it could simply carry those hours forward to a new week; regardless of whether the employee acknowledges this procedure.

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  • Do I need an employment lawyer or should I file a case with the EEOC?

    I was terminated after filing a workmans comp case. My employer claims I quit without notice and without reporting an injury. However that is not the case. Far too many details to go into. However my employer was aware of the injury the day it hap...

    Nathaniel’s Answer

    There may be a wrongful termination claim but it is not likely to be filed with the EEOC. The EEOC handles discrimination related to race, gender, age, disability, religion, etc. Your claim appears to be linked to a workplace injury.

    Arizona statutes expressly forbid terminating an employee for exercising their rights under Arizona's workers' compensation statutes. ARS 23-1501(A)(3)(c)(iii). Even if there was some dispute about the cause of the underlying injury, you still have a right to file an injury claim. Discouraging or suppressing your workers' comp claim would certainly be a violation of your workers' compensation rights.

    You should consult with an experienced employment attorney.

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  • Is it against the law for a employer to make you work over if you call off.

    My employer has allowed us so many days as pto. But when we use it we loose overtime pay for pay week and we all know that if we called off we are first to be held over for the day for 4 hours or come in early 4 hrs for next shift.

    Nathaniel’s Answer

    Short answer: not illegal. An employer is only required to pay you overtime (time-and-a-half) for hours that you actually worked over 40 hours in a week. Paid time off, whether as vacation, holiday, or sick leave, may appear as credits for hours worked on a time sheet or payroll record, but those are not hours actually worked and may not be counted toward a calculation of overtime.

    For example, Bill works 8 hours per day on Monday, Tuesday, Wednesday and Thursday (totaling 32 hours). Bill is not well on Friday and submits a PTO request and is credited with 8 hours on his time sheet. Bill's boss then asks him to work 8 hours on Saturday to make up for what he missed on Friday. Bill's time sheet would show 48 total hours (40 worked and 8 as PTO). However, Bill is not entitled to any overtime because he did not actually work more than 40 hours.

    In your case, the employer is apparently aware of this exception and chooses to have people who are not yet eligible for overtime work more hours. While this practice may upset employees and cause them to quit or leave the company (which may arguably be a bad business decision), it is not illegal.

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  • My employer paid me minimum wage for the last 65 hours before my last day because I gave him notice to quite.

    At one time I called off 9 hours before my schedule time because I had to pick up my wife from the airport. He did also paid me minimum wage for 74 hours instead of my contract rate $10.19 . Did he violate the state of Arizona employment on any of...

    Nathaniel’s Answer

    Your employer should not have done this. The issue is whether your employer had any discretion to change your rate of pay without notice. You mention a contract rate which suggests your rate was set and the employer did not have any discretion to change your rate of pay. Also, in Arizona, your employer has a duty to act in good faith and deal fairly to give you the benefit of the agreement: $10.19 for all hours worked. A sudden change is an act of bad faith and creates a claim similar to a breach of contract. I recommend meeting with an experienced employment attorney to discuss your claim.

    If an attorney is cost prohibitive, and the total owed to you is less than $5,000, then you can file a wage claim with the Arizona Industrial Commission. This is online and does not have a fee. The basis for the claim is that your "wages" were non-discretionary at $10.19 an hour and you were only paid minimum wage. Wage claims is Arizona are also eligible for "treble" damages; which means the amount you are owed is tripled.

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  • Employment law arizona

    I am pretty confident I am either going to be laid off or fired tomorrow. I am 43 single woman and I haven't ever been written up. Earlier this month I found out they have been interviewing for a position that is mine but lower title and pay. Do...

    Nathaniel’s Answer

    It may be age discrimination to hire someone younger than you simply to avoid paying the salary you have acquired through years of service. Also, if you are let go, you may be offered a severance. Because you are over 40, the severance agreement must include specific terms regarding your time to review and time to revoke any offered terms. An experience employment attorney can help you know whether your claims are worth pursuing.

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