Stephen F. Banta’s Answers

Stephen F. Banta

Mesa Business Attorney.

Contributor Level 9
  1. Law regarding breaks at work...for AZ

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    Neither Arizona nor Federal law requires an employer to give a lunch break or any other types of breaks. I've included a link to a Department of Labor web page where you can get more information for your sister.

    1 person marked this answer as helpful

  2. Do I have a case

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. James J D Campbell
    3. Lonnie K McDowell
    3 lawyer answers

    Did your new employer fire you because of your ex-employer's phone call or did you quit? There is more information that you need to provide, but yes, I do believe you have a case based in part on your ex-employer's interference with your new employment. The bigger question, in my mind, is what the amount of your damages is and whether that amount would be enough to make it worth your while to bring a lawsuit. I recommend you find an attorney who will provide you with a free consultation...

    1 person marked this answer as helpful

  3. Can an employer pay an employee his overtime in Comp.Time instead of actual overtime pay?

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Herbert J Tan
    2 lawyer answers

    Arizona does not have an overtime law. However, if your wife's employer is covered by the Fair Labor Standards Act, the federal overtime laws apply. Here is a link to the US Department of Labor's Wage and Hour Division. You can find many helpful answers there, including the phone number for the Arizona office of the Wage and Hour Division. I recommend you call the Arizona office and see if your wife has an legal recourse against her employer.

    1 person marked this answer as helpful

  4. I am Creditor with another person. Debtor Chpt 13. I am filing proof of claim. Do we file separately?

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Diane L Drain
    3. John Gerth Merna
    4. Mitchell Paul Goldstein
    4 lawyer answers

    If you are the creditor (in contrast to an entity being the creditor), then you should file a separate proof of claim for the amount that you are personally owed. Your business partner can do the same. If the debtor owes money to the entity, rather than you personally, then the entity should file a proof of claim for the entire amount that is owed. You certainly can object to the dischargeability of the debt if you believe he obtained your money by fraud, but you will bear the...

    1 person marked this answer as helpful

  5. How to fight a phone agreement scam?

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    Business directory scams are fairly prevalent and the facts as you have described (the phone call, the recording) are common. Oftentimes, letting the company know that you've reported them to the Federal Trade Commission (www.ftc.gov) and/or the Better Business Bureau will get them to drop the matter. If they refuse to stop collections after you've told them that you have reported them, hire a lawyer to send a letter threatening legal action.

    1 person marked this answer as helpful

  6. Holder in Due Course Question

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    Good question, and you seem to have an excellent grasp on the law already. My thought is this: the one issue you didn't mention, and which is important, is whether you took the check for "value." If not, the holder in due course defense does not apply.

    1 person marked this answer as helpful

  7. I rented a used matress from aarons rental company, ,y two girls slept on it one day the very next day the woke up with puss

    Answered over 2 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    I'd suggest that you contact the State Bar of Arizona to find a lawyer near you who will discuss your issue, whether or not you have a case, and if it worth pursuing if you do have a case. The State Bar website (www.azbar.org) has a "Find A Lawyer" feature.

  8. How can I get my case reinstated when it was dismissed without prejudice for lack of prosecution.

    Answered over 2 years ago.

    1. Stephen F. Banta
    2. Brad A Denton
    2 lawyer answers

    You can file a motion to reinstate the case. There is no guarantee the judge will grant it, but he/she has the discretion to do so if there is good cause for reinstatement.

  9. Do I have a possible case?

    Answered over 2 years ago.

    1. Stephen F. Banta
    2. Patrick Camunez
    2 lawyer answers

    If your employment was "at will" then you do not have any type of case based on your termination being wrongful. However, if you think you were terminated because of your age, you can file a complaint with the EEOC and they will investigate. While that is a possibility (age discrimination), from the facts you presented it seems more than likely that you were terminated because of a positive drug test and that is certainly a valid reason to terminate someone's employment.

  10. My ex boyfriend and his gf are harassing me on facebook and its getting to the point where I want a restraining order on them

    Answered over 2 years ago.

    1. Stephen F. Banta
    2. Brian Chase
    3. Lars A. Lundeen
    3 lawyer answers

    If you can end the problem by deleting the posts I see no reason why you should not do that. In my opinion their actions do not rise to the level of conduct that a judge would order to be restrained. In addition, a restraining order will just prolong the drama. You have the power to stop it but taking the simple step of deleting posts and you'll save yourself a lot of time and money by doing that.