Your Rights as an Employee
The majority of
private sector workers in Arizona are employees "at-will."
Employment on an "at-will" basis means the employment is not
covered by a written contract or bargaining agreement 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 non-union employees are not covered by a written employment
contract. If you do have a contract, it should describe the length
of your employment, your job duties, 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 specified 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:
(1) It is required or empowered to do so by court order for civil
judgment or child support payments.
(2) It has prior written authorization from the employee (for
example, such as a payroll deductions for an insurance premiums, or
a payroll deductions for charity, or deductions for uniforms or
equipment not returned to the company when the employment
ends).
(3) There is a reasonable good faith dispute as to the amount of
wages due the employee, but only the amount in dispute may be
withheld.
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.
Under Arizona law, "wages" include commissions, compensation paid
by the hour or by the piece, and severance pay\sick pay\vacation
pay if they are offered by the company. If you are terminated
without cause, you may be entitled to accrued and unused sick pay
or vacation pay under certain circumstances.
Overtime
For non-exempt 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 any single that work week.
Overtime cannot be offset by working fewer hours in the second week
of the pay period.
Discrimination
Arizona and federal laws prohibit discrimination in employment
on the basis of race, color, religion, sex, age, disability or
national origin. Employers with fewer than 15 employees may be
exempt from some but not all discrimination laws. In addition, some
cities and towns, such as Phoenix and Tucson, have passed local
ordinances prohibiting certain other types of discrimination; check with your local
equal employment opportunity office (see directory below) for
further information. 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. Employees who report to the
appropriate authority inside or outside the company what they in
good faith believe is wrongful conduct by the employer may also be
protected against retaliation as a "whistleblower." Special
"whistleblower" rules apply for government employees.
What If I Think I've Been Discriminated
Against?
Anyone who believes s/he has been the subject of employment
discrimination may file a charge of discrimination with:
*Equal Employment Opportunity Commission (EEOC)- in most cases
within 300 days of alleged discriminatory act but in some cases the
deadline is 180 days from the 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. After 90 days, the employee loses the
right to sue the employer for discrimination.
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.
3) If an employer terminates an employee in retaliation for
legally-protected conduct such as refusal to commit an illegal act,
certain "whistleblowing," or the employee's exercise of a statutory
or public obligation (workers compensation, labor or voting rights,
military or jury duty, victim's leave, etc).
4) If a public sector employer violates specific rights granted to
public sector employees by federal constitution, state statute or
other government regulations or contracts.
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
* Email 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 gender 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 Civil
Rights Division, Arizona Attorney
General's Office
602.542.5263 or 888.377.6108
520.628.6500
City of Phoenix Equal Opportunity
Office
602.262.7486
City of Tucson Equal Opportunity
Office
520.791.4593
Equal Employment
Opportunity Commission
602.640.5000 or 800.669.4000
http://www.eeoc.gov/
U.S. Dept. of
Labor
602.640.2990
http://www.dol.gov/
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 advice specific to your particular situation.counsel. You can
search for an attorney by location and area of practice on the
State Bar Web site, www.azbar.org/memberfinder.
What You Can Find on the State Bar's Web
Site
*Locate a
lawyer whose practice focuses on employment law
*Links to
law-related Web sites
*Information about lawyer discipline
*Consumer information
on legal topics
*State Bar information