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 Website

*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