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
I constructively terminated my employment due to a hostile work environment. I was forced to take a new job in a different company with low pay. Because I filled a complaint with EEOC against my former employer, am I obligated to tell EEOC about m...
Short answer, no. Most claims are divided into two parts: (1) liability and (2) damages. The EEOC's investigation will only focus is on liabilty, or whether your employer subjected you to a hostile work environment because of your [race, gender, national origin, disability, age, etc. Unless there is a claim for continued retaliation after the fact, the EEOC is not interested in what happened after you left your former employer.
The second part, damages, is where you would report your earnings since your constructive termination to your former employer (not the EEOC). This would not be an issue until a lawsuit was filed and you would have a duty to disclose the basis for your damages. This would include any off-sets of employment after your constructive termination. However, a lawsuit can only be filed after the EEOC concludes its investigation. It is extremely unlikely the EEOC would try to sue your employer on your behalf, which would only happen after the initial investigation. Therefore, no, you would not disclose your current employment and earnings to the EEOC.
The EEOC also provides a mediation service to resolve claims prior to initiating the investigation. The EEOC only facilitates that service and does not advocate for you. It would encourage you to retain independent legal counsel. To negotiate resolution in good faith during mediation, you would disclose your employment to your employer. But again, that is not the same as reporting your current employment to the EEOC.See question
I worked for asbesto, moo restorarion company they fire me because they said i wasnt conpleting my tast when before that about 3 months back they tokd be my P.M. project manager that they wanted me as a supervisor give me a promotion, few months l...
Sorry to hear about your termination. Something is certainly not adding up when you receive positve evaluations and suddenly get terminated. However, an employer may terminate you for no reason at all. If, however, the termination was because of your race, ethnicity, national origin, etc., then that is illegal. Also, if you reported concerns about wrongdoing by an employer (such as complaining about unpaid wages), then you would have a retaliation claim. More information is needed from your narrative. Without those additional facts, there would not be a wrongful termination claim.
Keep an eye on the 20 hours of work. It should come in your regular payroll schedule. If not, consider contacting the Arizona Industrial Commission and filing an unpaid wage claim. There are forms online and it is no cost to you.
As for the unpaid PTO, the employer is only required to pay that out if it has a policy or practice of doing so when an employee separates from employment. The first place to look is your employment manual. Also consider if you are aware of other employees who have left the company and received payment for their PTO. The failure to pay this PTO is considered a wage claim. This may also be included with an unpaid wage claim with the Arizona Industrial Commision.See question
I have been very successful in property management for over 20 years. I have continuously been recognized with max bonus's and thank you letters. I have been with this company for nearly 3 years. I manage a large apartment complex and have seve...
There is a lot in your summary that could be clarified to determine in you have any claims. Unless clarification is given, I do not see any actual claims.
You did not state the reason for your retaliation. You call it revenge, but to have any claim it needs to be "retaliation". Retaliation requires that you participated in a protected activity (like reporting concerns about safety, reporting illegal activity, opposing sexual harassment, etc.), and then you suffered an adverse action (like your termination) because of the protected activity. Revenge over personal disputes or personality conflicts does not necessarily meet this standard, even if the person was dishonest about the subject matter.
You also mention age and race discrimination, but do not clearly link that to the basis for your termination. Do you believe you were terminated to be replaced by a person younger than you and of a different race than you? Please clarify if this is what you meant.
Finally, you mention harassment. To have any legal consequence, harassment must be because of a protected trait. For example, you were harassed because of your age or race (or some other protected characteristic). Co-workers and supervisors being unkind is unfortunate, but it is not illegal harassment.See question
I was let go on Nov 5, told I would be paid on the following Friday, Nov 12, so I called on the 12th to make sure they had the check. The manager said they didn't have it and asked if I had direct deposit, which I did not, so he said that he would...
You can file a wage claim with the Arizona Industrial Commission (assuming the amount owed is less than $5,000). There are forms on the Arizona Industrial Commission website. If the Industrial Commission is successful, it may get a judgment for you that is triple the amount originally owed.See question
I was let go today from my job of over 6 years. Recently I was told they felt I wasn't utilized at a position they had promoted me to in December of 2015. I did all repairs and refinishing and all customer work orders for warranty work. I was tol...
From the summary you provided, there does not appear to be any basis for a wrongful termination claim. Certainly, the company could have handled the situation without sending you back and forth and providing more clarity. However, that is not illegal. If you believe you were terminated because of a protected characteristic (age, race, disability, gender, etc.), or you reported concerns about potentially illegal or wrongful conduct and then experienced retaliation, you should discuss your reasons with an employment attorney. Otherwise, there does not appear to be a wrongful termination claim.
As for your paycheck, you should look for it in the normal course of payroll cycles. If it still does not come, then you can contact either an attorney or file a wage claim with the Arizona Industrial Commission.See question
I have had the position 5-6yrs prior. I was moved to another position which is not supervising and or same position. Was a maintenance super. Now a project leader. Is this legal I feel like I am now one step out the door.
The FMLA requires that you be restored to the same or similar position upon your return from leave. If you feel this is effectively a demotion or not the same or similar position, then you may have a claim for FMLA interference. As mentioned above, you should consult with an employment attorney to discuss your options.See question
The head supervisor at my previous job is a horrible person he called me names, talked me down, diminished my name, told me im worthless to the point my only option was to leave the job. I have some audio recorded and lots of eye witnesses
Sorry to hear about your mistreatment. For you to have a valid claim, these examples must have been because of a protected characteristic that you possess. For example, the supervisor did these things because of your race, religion, gender, disability, age, etc. Merely being a jerk or mistreating people is not enough to have a claim for a hostile work environment. The mistreatment must be directly linked to a protected characteristic.See question
I applied for a work at home customer service position with Alaska Airlines and a week or so after submitting my application I received an email in reference to my application: I was told that my application was being denied for consideration beca...
Yes, this is legal. An employer may set up any terms of employment as long as those terms do not violate the law. For example, terms that violate the law are those that negatively consider your race, religion, gender, age, or disability (subject to a reasonable accommodation). Nicotine use has no protection under the law, so the employer can set up any terms under the law regarding employee nicotine use.See question
So I was an intern at ritz Carlton dove mountain in Arizona which under marriot last 2014 . I have an accident at work which I slide on the floor and I used my knee as a support they help me through check up and found out that everything was fin...
You may be out of luck, but there are a few considerations. Worker's compensation injuries must be claimed within one year. That is likely gone. The slip and fall injury (as a negligence personal injury) has a two-year statute of limitations. If you are still within two years, you may have a chance to file a lawsuit and preserve your claim.
Another consideration is how old you were when the injury happened. You mention you were an intern. If you were under 18 years old at the time, the two-year limitations period only starts when you turn 18, possibly giving you some extra time.
If you think you have a chance to be within a two-year window, raise your concern with a personal injury attorney.See question