Skip to main content
Stephen F. Banta

Stephen Banta’s Answers

58 total


  • Can my company lay me off

    I was told today the my job as supervisor will be eliminated at the end of this month. I was taken of as supervisor last December. I went in my records on the company web site and it shows this to be true. I think the real reason they are laying m...

    Stephen’s Answer

    There's no way to know whether you have a case worth pursuing based on the limited information you provided.

    However, in order to file an age discrimination lawsuit, you must file a discrimination charge with the EEOC first. Here is a link to get you started.

    See question 
  • Being drugged with a roofieand not signing the bill that was signed it wasn't my sig even the initial was wrong for middle nam

    Four months ago went to a strip club opened a tab with myid and credit card sat down had two beers each me and my friend we had got there about six it was about seven or so when they ask us to go to the VIP room we said Hayes.meant yes.know price ...

    Stephen’s Answer

    You should contact an attorney, and if the charges on your credit card are truly illegitimate, you should inform your credit card company that you are disputing the charges.

    See question 
  • Can company deny to pay me PTO after laying me off?

    I got laid off from work and had about 40 hours of PTO time left. The company said that they will not pay me the PTO time. Is that legal in Arizona?

    Stephen’s Answer

    Paid time off may or may not be classified as "wages" depending on the unique circumstances of your case. So, whether it is lawful for the company to withhold payment cannot really be determined based on the information you provided.

    Here is a link to a very helpful page from the Arizona Labor Department regarding wage claims. If the amount you are owed is less than $2,500.00 you can file a complaint with the Labor Department. If it is more, you'll have to use a private attorney.

    See question 
  • 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

    filled bumps all over their body,,i took one of them that very next morning to the DR. whgave her a diagnosis some creams,and antibotics,,we still didnt know we had bed bugs,it wasnt until my daughter and i were having a conversation that she tol...

    Stephen’s 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.

    See question 
  • Can a person prevail against major shipping company for 60 day delay in shipping, lost goods then found? Returned 75 days later.

    Shipping company lost our shipment, after 60 days they said to file claim because the shipment was lost. We file claim and send our customer new product, $8000, the next day via different carrier. The next day original carrier tell us they have fo...

    Stephen’s Answer

    I'd recommend that you contact a commercial litigation lawyer who will give you a free consultation, take a look at the agreement with the carrier and help you determine whether you have a valid claim for a lawsuit and what your damages are. It is unclear to me from your question exactly how you have been damaged. You've got the product back. Were original shipping costs reimbursed since the carrier never made the delivery? These are issues you should discuss with whatever lawyer or lawyers you choose.

    See question 
  • Definition of "Client" under a non-solicitation clause (AZ)

    If company that provides expert witness services is frequently hired by attorneys representing specific clients in specific cases, would the actual company "client" be considered the attorney (law office) who hired the expert, or the party in the ...

    Stephen’s Answer

    If I could accurately determine how judges viewed particular issues, I would quit practicing law and just consult!

    The most conservative reading of the clause would be to cover both attorneys and their clients. If you see a lot of repeat business from the same law firms, then I would guess that the clause was meant to apply to the law firms as clients. If you see a lot of repeat business from the parties, and the law firms change, I would guess the clause was meant to apply to the parties as clients.

    See question 
  • AZ non-solicitation and advising clients of departure

    I have an (unsigned) clause added in an at-will employee manual that states employee may not solicit work from any current or past client of company for period of one year after resignation. Upon resignation, I plan to email or call some client...

    Stephen’s Answer

    There is a lot going on with your question. First, the restrictive covenant (the non-solicitation clause) may not be enforceable. You only mention a temporal limitation...it must include a geographical limitation as well. Otherwise it is unenforceable on its face. Also, many employee manuals state that they are not employment agreements. Unless you have an employment contract that states you agree to be bound by the non-solicitation clause, it may be unenforceable for that reason. Second, what counts as solicitation is a tricky area of the law to navigate. The procedure you propose seems safe, but some courts have held that even informing clients that you are opening your own firm is solicitation. Third, you mention a non-compete. Is there a non-compete clause as well?

    I'd recommend contacting a lawyer who will take a look at your employment agreement (if there is one), the employee manual and then advise you more completely.

    See question 
  • Summary judgement against me

    I just learned that a wed designer I had a dispute with over price, got a summary judgement against me. I learned this because his wife was bragging about it, and have NEVER received any document, letter, or notice of any kind about this. They...

    Stephen’s Answer

    If the judgment was obtained through summary judgment, as you say, then you would have had to have filed an answer at some point. Since you deny being served, I'm guess that the judgment was obtained by default. In other words, the plaintiff told the court that he served you and that you never answered the complaint.

    You can file a motion, under certain circumstances, to set aside the judgment. If the case is in justice court or small claims court, just go to the court, ask for a form and file your motion. If the case is in Superior Court, I'd suggest finding a lawyer to help you.

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

    I was in the discovery phase and received this order of dismissal out of the blue from the court administration department?

    Stephen’s Answer

    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.

    See question 
  • Do I have a possible case?

    FACTS: 49 year old woman with 6.5 stellar work history. Drug test positive for marijuana. Exposed to smoke heavy evening before test. 3 weeks before test heavy on ibprofin for back pain. (which is shown to present as THC in urine test) Day of...

    Stephen’s Answer

    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.

    See question