Employment Law in Phoenix, Arizona

At Aiken Schenk, our team of Phoenix-based employment lawyers have represented employers and employees in all facets of employment law. This provides us with broad-based knowledge of both federal and Arizona employment and labor laws.  By representing both employers and employees, Aiken Schenk is able to provide its employment clients with optimal advice and legal strategy.

In our decades of experience, we’ve handled a wide array of cases and claims pertaining to general employment agreements, non-compete agreements, wage disputes, wrongful terminations, and much more. When you place confidence in Aiken Schenk, you can count on fierce advocacy and the protection of your rights as an employer or employee.

Employee Law

Employer Law

Employee Law

If your rights under Arizona or federal law have been violated, the employment law attorneys at Aiken Schenk are uniquely able to provide you with advice and ongoing representation.  We litigate cases in both state and federal court and regularly represent employees who have matters pending before state and federal agencies, including the Equal Employment Opportunity Commission.

Our employment lawyers are proud to represent individuals and groups from the public and private sectors. We work tirelessly to protect your rights against current and former employers. If your case leads to a proceeding before any court or agency, we’re prepared to make negotiations and litigate aggressively on your behalf. Learn more below.

Discrimination

Both federal and Arizona law prohibit employer discrimination on the basis of age, gender, race, national origin, pregnancy and religion.  These laws also prohibit harassment due to these factors. Importantly, these claims are subject to deadlines in which employees must complain to the Arizona Attorney General’s office and/or the Equal Employment Opportunity Commission.  Our Arizona employment lawyers can help you with this process

Employment Contracts and Restrictive Covenants

A written employment contract is a critical document which describes the terms of your employment. In this era, employment agreements often include non-compete clauses and other restrictive covenants, which may or may not be enforceable. It is very important that before employees sign employment agreements they understand the terms and conditions clearly, including whether or not the provisions are enforceable. At Aiken Schenk, our employment attorneys frequently draft such agreements, negotiate them and provide advice concerning the agreements.

Wrongful Termination

Have you been wrongfully terminated from your job? Absent a written employment agreement, whether you have a claim for wrongful termination depends upon the motive for your termination.  There are a variety of illegal motives under Arizona and federal law. Aiken Schenk’s wrongful termination attorneys can evaluate your claim.

Sexual Harassment and Hostile Work Environments

Sexual harassment is illegal under both state and federal law.  Often times, unwelcome conduct of a sexual nature can create a hostile work environment.  Aiken Schenk’s employment attorneys in Phoenix have and continue to zealously represent the victims of unlawful harassment.

ADA Violations

The Americans With Disabilities Act (ADA) prohibits employers from intentionally discriminating against employees with disabilities and, importantly, requires employers to “reasonably accommodate” employees with disabilities.  The employment lawyers at Aiken Schenk possess unique expertise regarding the ADA, including a significant jury verdict on behalf of a disabled individual.

Employee Benefits

The Employment Retirement Income Security Act (“ERISA)” regulates most employee benefit plans. The law is often misunderstood and misapplied. The Phoenix employment lawyers at Aiken Schenk regularly advise and represent employees and employers in ERISA matters.

Family Medical Leave Act Violations

The Family Medical Leave Act (FMLA) requires employers with more than 50 employees within a 75 mile radius to provide employees with leave, in several circumstances.  The law applies to employees who have worked for an employer for more than a year. The FMLA also prohibits retaliation for taking leave.

Employer Law

At Aiken Schenk, our employment law team regularly provides numerous employers in Arizona with advice to avoid legal claims. Our team prepares employment agreements for employers in order to minimize such claims. We also represent employers’ after claims are filed, including lawsuits, arbitrations and charges with state and federal administrative agencies.

Recruiting and Hiring Practices

Recruiting and hiring in this era is not a simple process. There are Arizona and federal laws that regulate this process. The employment law team at Aiken Schenk often provides employers with advice concerning these processes to avoid legal claims.

Worker Safety Claims and Compliance

State and federal law requires that employers provide employees with a safe work environment.  These laws also prohibit retaliation for safety-related complaints.

Misclassification of Employees as Independent Contractors

Whether an individual is an employee or an independent contractor is very much a gray area. Misclassifying an employee as an independent contractor can subject an employer to numerous, expensive legal problems. The Arizona employment law team at Aiken Schenk possesses a vast amount of experience and expertise in addressing the employee versus independent contractor issue and representing employers who have misclassified employees as independent contractors. Arizona is one of the few states which has an independent contractor statute to guide employers in fashioning independent contractor agreements.

Employee Compensation Laws

Are you paying fair wages according to state and national wage standards? Make sure you know the rights of your workers as outlined in the Fair Labor Standards Act (FLSA) and that your company is meeting Arizona wage and overtime requirements. Talk to our employment lawyers for more information.

Employment Resources

The mission of the U.S. Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and ensure work-related benefits and rights.

The Department of Labor Employment Law Guide provides information on minimum wage and overtime pay, including overtime exemptions and other important features of the Fair Labor Standards Act (FLSA).

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws covering employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genetic information, or on the basis of a complaint or charge filed alleging discrimination.

The mission of the Civil Rights Division of the Arizona Attorney General’s Office is to enforce civil rights laws, increase public awareness of civil rights, provide dispute resolution services, and offer community services throughout the State.

The Occupational Safety & Health Administration (OSHA) is dedicated to ensuring safe and healthful working conditions by setting and enforcing standards and providing training, outreach, education and assistance.

The Arizona Division of Occupational Safety and Health (ADOSH) is also responsible for safety and health issues in over 130,000 public and private establishments and provides consultation and training as well as inspection and compliance programs.

The Arizona Department of Economic Security (DES) manages programs for unemployment, disability rehabilitation, job search and other employment resources and services.

The Merit Systems Protection Board is an independent, quasi-judicial agency in the federal government’s executive branch that serves as the guardian of federal merit systems. The Board adjudicates individual employee appeals in Civil Service.

Employers and employees alike may be interested in this State Bar of Arizona resource, Your Rights as an Employee, which covers issues from at-will employment and employment contracts to wages and hours, overtime, discrimination, and other popular employment issues.

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