| YOUR RIGHTS
AS AN EMPLOYEE
“At Will” Employment The majority of workers in Arizona are employees "at-will." Employment on an "at-will" basis means the employment is not covered by a written contract and the employment relationship may be ended at any time by either the employee or the employer, with or without cause. You can be terminated for any reason not prohibited by law or for no reason, and with or without notice. Employment Contracts Most employees are not covered by a written employment contract. If you do have a contract, it should describe the length of your employment and the circumstances under which your employment can be terminated. To be considered a binding written contract, the contract must fall into one of the following categories: 1. A written agreement signed by the employer and the employee. 2. An agreement in an employee handbook or manual expressly stating that it is intended to be an employment contract. 3. A written document that the employer signs indicating that you will be employed for a certain period of time. What You Should Know About Your Paycheck Most employers are required to pay you: • At least twice a month • Not more than 16 days apart • On regularly scheduled paydays If the employer pays wages by automatic deposit, the employer must furnish the employee with a statement of earnings and withholdings. An employer can withhold any portion of an employee’s wages if:
If an employee is terminated, the employer must pay all wages due within three working days or at the end of the next regular pay period, whichever is sooner. Overtime For employees paid by the hour (non-exempt), employers are required to pay them 1 1/2 times their hourly rate for any hours worked over 40 during that work week. Discrimination Arizona and federal laws prohibit discrimination in employment on the basis of race, color, religion, sex, age, disability or national origin. In addition, Phoenix and Tucson prohibit discrimination on the basis of sexual orientation and marital status. Tucson also prohibits discrimination on the basis of gender identity and familial status. Employers are also prohibited from discriminating against individuals due to pregnancy, family medical leave and veteran status. Laws also protect employees from retaliation in employment because an employee has complained of such discrimination or participated in certain conduct, called “protected activity.” Protected activity can include participating in an investigation into alleged discrimination, or for asserting the employee’s own legally protected rights. What If I Think I’ve Been Discriminated Against? Anyone believingthey have been the subject of employment discrimination may file a charge of discrimination with: • Equal Employment Opportunity Commission (EEOC)—within 300 days of alleged discriminatory act. • Arizona Civil Rights Division (ACRD) of the Attorney General’s Office—within 180 days of alleged discriminatory act. After a charge is filed, an investigation is generally conducted by the agency, at no cost to the person filing the complaint. The investigating agency will make a determination of Cause or No Cause. The agency will usually issue a “right to sue” letter to the person who filed the complaint, regardless of its findings. An employee who receives a “right to sue” letter has 90 days from receipt of the letter in which to file a civil suit against the employer, if s/he so desires. What Legal Recourse Do I Have If I Am Fired? You may file an action for wrongful termination within one year after termination of your employment. An employee may sue for wrongful termination under four circumstances. 1. If the employer terminates an employee in violation of a written employment contract. 2. If an employer terminates a worker for discriminatory reasons and the EEOC or ACRD has given you a “right to sue” letter.
Privacy in the Workplace You do not have the same right to privacy at work as you do at home. Employers may have the right to review, monitor or have access to your: • Work areas including
offices, desks, drawers and lockers • Computer system and
files • E-mail and Internet
use • Voice mail Polygraph Testing Federal law imposes strict guidelines on conducting polygraph testing in the workplace. These guidelines include the circumstances under which testing can be administered, actual administration of the test, notice to the employee and the employee’s rights. Equal Pay for Men and Women Arizona has an equal wage law, which prohibits employers from paying an employee less than the rate paid to employees of the opposite sex for the same quantity and quality of the same classification of work. However, pay rates can be different when there is a difference in seniority, length of service, ability, or skill; a difference in duties or services performed; a difference in the shift or time of day worked, hours of work; or any other reasonable factor other than sex. Workplace Drug Testing Arizona regulates drug testing by statute. Employers may adopt a policy that requires applicants and employees to submit to drug and alcohol tests before being hired and during employment. These tests can be conducted on a random or periodic basis. Useful Resources Arizona Attorney General's Office 602-542-5263 or 888-377-6108 City of Phoenix Equal Opportunity
Office City of Tucson Equal Opportunity
Office Equal
Employment Opportunity Commission U.S.
Department of Labor The material contained in this brochure is not inclusive of all legal information about employment law and it should not be construed as legal advice. Consult an Arizona attorney for specific legal counsel. You can search for an attorney by location and area of practice on the State Bar Web site. |