Best Employment Lawyers in Mesa, AZ

FAQs

• What is the non-emergency contact number for the local police station in Mesa, Arizona?

  The Mesa police department’s non-emergency number is 480-644-2211.

• Where can I get a copy of police reports for incidents related to my case in Mesa, Arizona?

  The Records Division is the central repository of police reports. For information on requesting a report in Mesa, call 480-644-2310. You can also visit the Records office at the following address: 130 North Robson Mesa, AZ 85201

• Can Mesa employers forbid their employees from mentioning employment matters or criticizing their employer on social media?

  Since social media is relatively new, rules governing its use are still being defined, but Mesa employers can prohibit employees from certain actions online in certain circumstances. According to the NLRB's counsel, Lafe Solomon, the NLRA protects employee communications that include discussions on wages, hours, and related matters and when such activities result from group concerns. However, non-group-related social media statements by employees are not protected.

• Is it considered illegal for an employer in Mesa to monitor their employees’ Facebook account?

  Employers in Mesa may lawfully monitor their employees' Facebook profiles under certain conditions. The National Labor Relations Act expressly prohibits employers from illegally monitoring their employees' communications. However, Lafe Solomon, Acting General Counsel of the National Labor Relations Board, says that if an employee added their employer as their friend on Facebook, they knowingly and voluntarily gave them access to their social media activities. Thus, anything the employer sees in their account is not protected nor illegal.

• What are some types of wrongful termination that employees in Mesa may experience?

  Some types of wrongful termination that employees in Mesa may experience include the following:

  • Being fired after a worker filed a complaint for sexual discrimination or harassment;
  • Being fired without cause or during one’s medical or maternity leave;
  • Not being compensated for overtime work;
  • Being fired because of one’s age, race, sex, or religion.

• Can Mesa employers recoup the lawyer’s fees they paid once they successfully defend themselves against frivolous employment discrimination lawsuits?

  Attorney’s fee awards to employers in Mesa who won employment discrimination lawsuits are rare. However, under certain circumstances, victorious employers can be awarded. For instance, a U.S. Supreme Court ruling in the Christiansburg Garment Co. case ordered the plaintiff to pay her employer’s attorney fees because her complaint had no basis. In addition, she received appropriate disciplinary actions for several years and was insubordinate and disruptive, while her employer perfectly complied with her ADA and FMLA accommodation requests.

• How does the Arizona’s Equal Pay Law affect or benefit employers and employees in Mesa?

  Arizona’s Equal Pay Law forbids employers in Mesa from paying employees wages at rates less than those paid to the opposite sex at the same establishment who do the same quality, quantity, and classification of work. However, the law allows employers to base differences in pay on various reasonable factors such as seniority, differences in hours of work and skill, length of service, and lifting restrictions.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.