Christensen Law Firm

Category: Employment Law

Four Ways Employees Are Protected by the ADA

Four Ways Employees Are Protected by the Americans with Disabilities Act To the average person, exposure to the Americans with Disabilities Act (“ADA” or “the Act”) is probably limited to wheelchair ramps or signs allowing service animals in public buildings. In the context of employment, most people have little to no knowledge of what protections are offered by the ADA. This can be partially attributed to the complexity of the ADA, with its interrelated definitions and overlapping requirements. In some ways, The Act has been made even more confusing by its long history of litigation, with the question of whether… Read More

Retaliation for Reporting Non-Payment of Wages

Non-Payment or Underpayment of Wages Is A Problem For Low Wage Workers Employees are often reluctant to report or confront their employer about problems in the workplace. This can be especially true of blue collar or low-wage employees who often live paycheck to paycheck. Unfortunately, this reluctance can lead to abuses by unscrupulous managers or employers. One of the most common complaints of such employees is that they were shorted on their hours, and therefore did not get paid for all the hours they worked. Another way that employers sometimes employ this practice is by not providing employees with a… Read More

The Thomas Gibson Case: Three Lessons for Non-Celebrities

In August 2016, actor Thomas Gibson was first suspended, and later fired from his role as Agent Aaron Hotchner on the CBS television series Criminal Minds. CNN reported that Gibson kicked “one of the show’s writers after the two got into a disagreement over a script,” and that Gibson was involved in “a prior altercation with a Criminal Minds assistant director and was counseled for anger management.”[1] Shortly after he was fired, news outlets reported that he had hired a team of veteran entertainment lawyers to represent him in connection with his firing.[2] At first glance, it seems odd that someone who reportedly has… Read More

Retaliation After Taking Family or Medical Leave

The Family and Medical Leave Act Requires An Employer to Grant Leave To An Employee For Certain Medical or Family Reasons The Family and Medical Leave Act of 1993 (“FMLA”) is a federal law which allows employees to take up to twelve weeks of unpaid leave per year for qualified medical and family reasons. Although the leave is unpaid, the primary protection offered by the ADA is that the employee’s job is protected while on leave—which simply means that the employee must be restored to his original job or to an equivalent job (including the same pay, benefits and other… Read More

My Employer Promised Me The Moon, But Gave Me A Rock

One of the more difficult cases that a wrongful termination attorney may encounter is one where there was no discrimination, no retaliation, and no employment contract. In fact, at first glance, it may seem that there would be no possible way that such an employee would have any basis to claim they were wrongfully terminated. In most cases, that will be true. However if the fired employee was an executive, high level manager, or a talented professional, there is a good possibility that she was enticed to leave her former employment with promises of compensation, benefits and other perks. If… Read More

Do I Have A Case For Wrongful Termination?

One of the most common questions a wrongful termination lawyer hears is, “Do I have a case?” The answer to this question always comes down to whether or not the employer acted illegally when the employee was terminated. This is worth repeating. The only way an employee will have a valid claim for wrongful termination is if it was illegal for the employer to fire her. At-Will Employment Means Most Firings Are Legal In Arizona, the vast majority of jobs fall under the category of “at-will” employment, which means the employee is free to quit at any time and for… Read More

Did I Get Fired Because I’m Old?

How Does An Employee Figure Out Why She Was Fired? It is often hard to determine exactly why an employee was fired. Because most jobs in Arizona fall into the category of “at-will employment,” employers are free to fire their employees for just about anything. In fact, the employer doesn’t even need to have a reason. Although these laws do offer some protections to employees, it can be puzzling and emotionally taxing for an employee to try to figure out what led to her firing. Older Workers Are Especially At Risk When Terminated For many fired employees, the best option… Read More