Can I sue my employer after I win my unemployment case?: I was fired from my job because I filed a complaint about work place discrimination. I was transferred to a new location (different store) and found out I was the only person of color in a store with 300 employees. I noticed the discrimination on day one. I made a complaint, then made 2 more formally with corporate they never got back to me. I was finally terminated for voicing my concerns. I filed unemployment for wrongful termination and won. Without having to file an appeal. Can I have a lawyer review my case and sure this big box store?
Michelle’s answer: The legal standard for receiving unemployment benefits is different than the standard for proving intentional discrimination. As a result, you cannot use a favorable finding of benefits to prove discrimination. If you matter had proceeded to appeal, the sword testimony provided during the hearing could be used as evidence in a discrimination claim, but according to your post, no hearing occurred. You may still be able to file a claim for unlawful discrimination or retaliation with the EEOC or ACRD, but the unemployment finding has no relevance, positive or negative.
Can someone help me understand my rights within a separation and release agreement for a job?: My company has phased out my position and my responsibilities without advance notice and are looking to sever my employment by way of a separation and release. The compensation package is medium at best. I understand I may or may not have a case substantial enough for litigation but would like to to talk to someone about the evidence I do have, and whether or not it is worth the battle to litigate for a higher compensation package
Michelle’s answer: I recommend you contact a member of the Arizona Employment Lawyers Association ("AZELA"). AZELA is a professional organization comprised of Arizona attorneys who primarily represent employees, rather than employers. The website is www.azela.org. Some members charge a consultation fee and some do not. I do recommend that you have an attorney review the separation agreement. It will likely contain a release of any and all claims you have against the employer (whether known or unknown) but can also contain additional provisions worthy of consideration such as non-disparagement, non-compete, non-solicitation, confidentiality, etc.
Can my employer delete hours off of my time card to avoid paying me overtime?: I work part time as a custodian for my church. I also run the audio/video and record the services on Sundays. Since the pandemic my employer has graciously given me the hours I would have normally worked on Sundays and any special events (weddings, memorial services..) even if I am only there for a couple of hours. This last week however, I helped with a labor project that put me over 40 hours for the week. When they realized this they crossed out 8 hours I would have worked on 2 Saturday events. I realize I didn’t work those hours but it was their idea to pay me for them and I was counting on it since it was on my time card. It’s the difference of about $400 which is a lot to me especially right now. Is it legal for them to just cross out hours they put on my time card only because they don’t want to pay me overtime?
Michelle’s answer: As an at-will employee, your employer has the right to set your work hours, including increasing or decreasing those requirements. There is nothing unlawful about an employer reducing your work hours on a forward-going basis to avoid having to pay either regular pay or premium pay. What an employer cannot do is fail to pay your for hours already worked, or attempt to change your rate of compensation for hours already worked. It is also unlawful for an employer to require you to take "comp time" to avoid going over 40 hours in a workweek UNLESS they let you take the comp time in the same work week. In other word, allowing you to bank it for future use in another week or month violates the federal Fair Labor Standards Act.