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Nathaniel James Hill
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Nathaniel Hill’s Answers

167 total


  • Can I sue my former employer for wrongful termination 7 months ago?

    I was brought into Zenefits as the first ever outside hire at the sales manager level. Due to me not having to sign up clients they never mentioned anything to me about getting an insurance license. Two months into the role zenefits was hit with a...

    Nathaniel’s Answer

    You need to link your termination to a refusal to cheat on the exam. That fact is not stated here. If so, Arizona's wrongful termination statute may protect you if cheating was illegal and your refusal to break the law resulted in your termination. Letting you go solely for not passing the exam would not be enough. You would have one year from your termination to assert that claim.

    There is a claim called fraudulent inducement if an employer lies to you to induce you to leave a job to your detriment. These claims are strained at best and require you to prove the employer knew it was making false statements at the time you relied on those statements to give up your job. In all likelihood, this employer just didn't know what it was doing when it later found out sales people needed to be licensed. Employer incompetence is not necessarily illegal.

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  • When placed on cobra insurance hospital emergency does that legally indicate termination of employment? Co no loa/FMLA?

    Live in az, son in icu on vent eight weeks, trying to obtain state healthcare insurance and unemployment/food stamps, etc. employer not cooperating by lack of clear definition of employment status. Quoting as reduction in hours. Does that quali...

    Nathaniel’s Answer

    You are eligible for unemployment if you stopped working through no fault of your own. This includes a work stoppage or reduction in hours by the employer that renders you essentially unemployed. However, not working to care for an ill or injured family member would not qualify for unemployment benefits.

    The question of FMLA eligibility depends on the size of your employer. There must be at least 50 employees within a 75 mile radius. FMLA would excuse up to 12 weeks of work absences to care for your son but the FMLA does not require the employer to pay you during that absence. You are only entitled to restoration at the end of your FMLA leave period.

    Assuming your son is an adult, he may be eligible for social security disability benefits if he is unable to work for at least 12 months. His physical inability to work does not entitle you to social security benefits.

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  • Working for free??

    I work for a well known moving company from home in the call center and just recently found out that when I've been working past my out time under 7 minutes that I'm not being paid for that time. My HR department said that if I work past my out ti...

    Nathaniel’s Answer

    As an employee, you are entitled to be paid for all work that you perform. The issue with rounding time, not mentioned in the other response, is that it cuts both ways. If you start work a few minutes early and end work a few minutes late, both times must be taken into consideration. The practice of rounding is allowed under the law if, on the overall average, the rounding is fairly balanced in favor of employer and employee. It becomes a problem if the cumulative effect of always rounding in the employer's favor deprives you of wages for which you have worked. You should consult with an attorney who may be able to help you, and others like you, recover your unpaid wages.

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  • Do I have a claim with the info I have provided? I never asked nor did I need a long leave from work.

    I was out with doctors note. My manager applied for a FMLA / and a short term disability claim was made over the phone ( not by myself ) my doctors name and phone number was given to Cigna insurance without my permission. I was not going to be ou...

    Nathaniel’s Answer

    You should contact an employment attorney to discuss in person. Under the FMLA, an employer may not do anything that "interferes" with your right to medical leave. Usually, employers refuse to give it. In your case, it appears they are forcing it on you. Regardless, there may be a violation if this whole event is adversely affecting your employment. The facts appear a bit complicated for online discussion, so again, I suggest setting an appointment with an experienced employment attorney.

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  • Can I collect unemployment when my employer is sending me home because there is no work for me but is refusing to fire me?

    I work at a collision repair shop. My employer has hired a new worker and started sending me home saying there's no work for me and that I'm not needed but will call me if they need me. When asked if I should return on Monday I was again told I wo...

    Nathaniel’s Answer

    You are likely eligible. Eligibility for unemployment is present if you stopped working through no fault of your own. This includes being sent home for work shortages. Because it is measured from your last day of work, it may get complicated if you go back for a day, then get sent home for several more weeks. Go on the Arizona Department of Economic Security website and submit an application: https://des.az.gov/content/apply-ui-benefits

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  • Can I do anything about this? ive read into the fair labor standard act and the arizona minimum wage act.

    I have not been paid at work. its been 19 days since my last check. im paid bi weekly and last check was on 04/29/2015

    Nathaniel’s Answer

    The law requires at least two pay days per month, no more than 16 days apart. ARS 23-351. If you have not been paid and need to take legal action to recover your wages, you may be entitled to triple the amount owed. ARS 23-355. However, it may not be cost effective to pay an attorney. The Arizona Industrial Commission will accept complaints for the non-payment of wages and there is no fee. You can get a wage claim form at the Arizona Industrial Commission website in the labor section: http://www.ica.state.az.us/Labor/Labor_WagClm_Wage_Claim_Forms.aspx

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  • Can I appealed the decision of termination from section 8 . At my hearing there was no Section 8 hearing officer and I new evid

    Terminated by Section 8 housing in

    Nathaniel’s Answer

    You should consult a landlord/tenant attorney. As with any government benefit program, you do have the right to appeal an adverse decision. You likely received information regarding your appeal rights in the written determination.

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  • Can they change that policy if I signed a form before policy . changed?

    I was a state of AZ for 11 years I had to resign so I could withdraw money from 401 due to cyst on spine that needed removed . I signed a paper stating I could be reinstated up to two years after I left. I also had numerous calls from administra...

    Nathaniel’s Answer

    It is not clear what policy you are referring to. Are you being denied reinstatement entirely or was there a policy in place regarding terms and conditions of your employment that is not being offered upon reinstatement? If you have a contract guaranteeing reinstatement, you should have it reviewed by an employment attorney because it may be enforceable to at least get your job back. If, however, there was a term or condition of employment that is not being offered at reinstatement (like being a non-probationary/covered state employee), there may not be much that can be done unless it was promised in your reinstatement agreement.

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  • Is my notice or right to sue valid in AZ?

    I got a notice of right to sue for discrimination from the EEOC in FL, however I was forced to move to AZ, where the company also has citizenship because the same call center is in Phoenix. I filed suit in AZ superior court.

    Nathaniel’s Answer

    The lawsuit will likely be moved to Florida, but not for the reasons stated. Arizona Superior Courts would have personal jurisdiction over the entity if it has sufficient contact with the state (it operates a call center here). Title VII also vests subject matter jurisdiction with Arizona's superior courts. Arizona has jurisdiction.

    The issue, however, is called forum non conveniens. Regardless of jurisdiction (which I believe is present), it would be more appropriate to litigate the case where the claims arose because that is where the relevant witnesses and evidence are located. It would be burdensome to force attorneys to travel to Florida every time they needed to depose a witness or compel those same witnesses to travel to Arizona to testify at trial.

    You should locate a Florida attorney who is willing to litigate your case. Check your statutes of limitation. You may be able to dismiss your own case in Arizona a refile in Florida. If those limitations dates are past, you may need to have the venue transferred.

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  • Please read the details for my situation and question about unemployment here in AZ

    Quick question I have been working a temp job for only 1 month and only been living in AZ for a total of 2 months, before that I lived in CA for my whole life. If for whatever I lose the temp assignment if I qualify for unemployment do you only ge...

    Nathaniel’s Answer

    In short, you are likely eligible despite a short time at your current job. Your eligibility is based on the amount of time worked and amounts paid into the system over the last 13 months. However, Arizona will consider time worked in California or other states. Go the Arizona Department of Economic Security website for more information. We cannot predict your exact eligibility amounts without knowing more about your current rate of pay and prior rates of pay at other jobs in the last 13 months.

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