My position was terminated so I was let go at the end of this year, I asked my manager for a letter or recommendation or at least a referral letter. He had first agreed to it but now is saying that its a conflict of interest and he would not be ab...
Unless you worked for a public entity, your former employer is not obligated to give you a letter of recommendation or provide you with your performance evaluations. If it was a public entity, you submit a freedom of information act request. If it was a private company, you would need to sue them for any number or reasons (e.g., the layoff was a wrongful termination, discriminatory, retaliatory, etc.) to obtain your employment file as part of the employer's disclosure obligations. Otherwise, they can volunteer that info if they want to or they can withhold if they want to (which is what they are doing). Unfortunately, there isn't much you can do about getting parts of your former employment file.See question
I am a 36 year old black female, I currently work as a leasing consultant as a Temp for a company which I have been there since October 12 2016, I had an interview at the sister property and turned it down to work at the same property I have been ...
For there to be a discrimination claim, you must have been treated differently because of a protected characteristic. You mention being passed over for a position that was instead given to a younger female. Because your are younger than 40 and you are both female, there would not be an age or gender discrimination claim. You mention that you are black but did not indicate the race or ethnicity of the young girl who was hired. If she was a different race or ethnicity, it is potentially discrimination if she is less qualified than you and still received the position. It is not enough that you are qualified for the position; you have to show that you were more qualified than the individual who received the position. If she is more qualified by experience or education, then it is difficult to prove discrimination. Are there other indications that the employer would have passed you over because of your race?
As for the discovery of fraudulent actions, if you reported these actions to a person of responsibility (i.e., someone who could do something about it), then that is called a "protected activity". If you believe that you were passed over for the position because you reported the fraudulent activity, then that is potentially retaliation. However, merely being aware that a company's practices are fraudulent and not reporting it does not give you a claim against the employer.
If there is more information not stated in your narrative, you should schedule an appointment with an employment attorney to discuss.See question
My daughter went to work the day after being diagnosed with an inner ear infection and was told by her supervisor due to her illness she had to take a manditory 3 day medical leave. He said he would call her later to further explain why this was d...
This sounds pretty bad but there is not enough information to determine if it was an illegal termination. My suggestion is to schedule an appointment with an employment attorney to discuss these issues. For example, if your daughter was eligible for FMLA leave and she was terminated in lieu of giving her leave, then that is illegal. If the inner ear infection is part of more permanent medical issues (or the employer regarded her as being disabled), she may be protected by the Americans with Disabilities Act and this termination was illegal.
In short, there are too many legal nuances to properly evaluate here so you are better off discussing with an employment attorney.See question
My employer is telling me to kick someone out of my home.
It depends on what rights this person has to living in your home. Your employer cannot order you to violate any law. If "kicking them out" without giving that individual required due process is a violation of law (e.g., landlord-tenant laws, domestic partner/spousal community laws, parental laws, etc.), then your employer may not order you to violate the law.See question
My previous employer is refusing to give me a copy of my file.
Yes. Arizona Revised Statutes section 23-493.09(B) -- "The tested employee has a right of access to the written test results that pertain to that individual, subject to the maintenance of confidentiality for other individuals."
Also, for the employer policy to be valid, you must have notice of your right to receive a written copy of the results. ARS 23-493.04(A)(9).See question
I work for a company that offers time and a half for working certain holidays to all hourly employees. I am an hourly employee with approved overtime due to my position. This past holiday I worked, I was already in overtime when the holiday happ...
Overtime can get a bit messy. Short answer is that you may be entitled to a slightly increased hourly rate, but it would depend on the terms stated in the policy. If you worked more than 40 hours in a week, you are owed 1.5 times your regular rate. Sounds simple, right? First, you must actually work those hours. Being credited 8 hours on a timesheet for Christmas Day (or whatever holiday) does not count toward the 40--you must actually work 40+ hours to be eligible for overtime.
Second, "regular rate" includes all forms of payment you receive in a week and is then divided by the total number of hours you actually worked. This may include commissions, bonuses, or other piece rate earnings you receive and reduced to a single weekly rate. The extra 1.5 rate for holiday work should increase your weekly regular rate, but it is still subject to being divided by the total number of hours worked. The net result would likely be a slightly increased regular rate for the limited week in which you may have received extra holiday pay, and then multiplied by 1.5 when applied to your overtime hours for this week. But again, your eligibility for this increased rate may depend on the details of the policy. In short, you may be entitled to an increased rate, but it would be only nominal because it gets divided into all hours worked and not just the hours over 40.See question
I interviewed and was hired for a position on 9/8/16 (pending background & drug test), and during the interview process, I was told by the Operations Manager & Lead Recruiter that I qualify for a retention bonus at the end of the Annual Enrollment...
Depending on how much you could receive, it may be worth consulting with an attorney. Something like this may be a claim for negligent misrepresentation. Because it was told to you, and appeared in your offer letter, you relied on that representation when you accepted this job. Again, whether it is worth getting into a legal dispute depends on how much you could receive.See question
My ex employer failed to pay my wages I filed with the Arizona Dept of Labor eventually As Dept of Labor had me sign court papers and I won a judgement against my ex employer now I need to collect on the judgement The company operates in Arizona ...
Having a judgment already makes this more of a collection issue than an employment issue. The employment issue is resolved and you are owed a debt like any other. Look for a collection attorney.See question
Hello, thank you for your time. First of all, I've never been terminated so this is a very emotional thing. I was hired last month, filled out appropriate tax forms, direct deposit information and received an automated paycheck through our payro...
Unemployment eligibility is based on how you separated from your employer. It sounds like you would be eligible because you were not terminated for violating company rules. The amount you receive in benefits depends on how much you earned in the last 13 months (and paid into unemployment insurance program). If this was your first job in 13 months, you would receive very little. If you worked somewhere else for all of the last 13 months, started at a new job, and then got terminated, you should get a reasonable amount based on those 13 months of working.See question
Had exit interview with HR and was informed I would need to pay back my $5,250 tuition reimbursement and because of that they will be keeping last pay check plus the vacation time earned.
The answer depends on the terms of the tuition reimbursement program and the employer's PTO policy. The Arizona wage statutes allow an employer to withhold wages due to an employee if the employee agreed to the withholding or if the employer has a good faith claim against the employee.
Check the terms of your tuition reimbursement program. An agreement to withhold wages may be containied within those terms if you leave employment within a certain time frame. If there is not such repayment obligation, the employer would not be able to withhold those wages.
Similarly, an Arizona employer is only required to pay out PTO upon separation if it has a policy or practice of doing so. Without a policy or practice, the employer is not required to make that payout. Even if it was required to pay out PTO, this would again depend on the terms of the tuition reimbursement program as to the employer's right to withhold.
If you do not believe your employer is allowed to withhold these monies, and the amount owed to you is less than $5,000, you can submit an unpaid wage claim to the Arizona Industrial Commission. If it is more than that, you should consult with an attorney.See question