Weinberger Law

Arizona Legal Blog

What happens after filing an ROC complaint?

Conflict can happen on any project. Sometimes the conflict leads to better communications and breakthroughs that leave both parties satisfied with the outcome. Other times, it can leave the parties at an impasse. Property owners and contractors are no exception.

The Arizona Registrar of Contractor’s (ROC) is the board that oversees property owner complaints. If you’ve attempted to resolve the situation on your own to no avail, a complaint is a good alternative.

Employment law restricts questions from potential employers

When Scottsdale residents apply for jobs, they expect to answer questions when interviewed. Most people expect to hear questions regarding past work history, education and what they can offer the companies to which they apply. Potential employers may ask a variety of questions, but employment law prohibits them from asking certain questions.

For instance, a woman cannot be asked whether she is pregnant. An employer cannot base a decision not to hire a woman based on her pregnancy. Similarly, questions regarding disabilities are disallowed as well. The law requires companies to provide reasonable accommodations to disabled employees as long as the accommodations do not create an undue hardship.

Age discrimination violates employment law

Finding a job is tough enough for those right out of college, but when a worker reaches a certain age, it can be even more difficult. Despite employment law that protects workers from age discrimination, those over 40 may have a harder time finding jobs than younger workers in the same field. Fueled by misconceptions about the flexibility, relevance and expense of older employees, Arizona companies may find creative ways to release them to bring in younger workers.

Some employees in another state are facing just such a challenge. Over 20,000 IBM employees faced layoffs in the past six years. The company offered severance payments in exchange for their signatures on a waiver of rights to join in a class action case against IBM for age discrimination. However, despite federal law requirements, IBM apparently failed to provide the fired workers with a complete demographic of those who were laid off.

Breach of business contracts could lead to commercial litigation

Scottsdale businesses enter into all types of contracts in which they expect both sides to fulfill their obligations. Sadly, that does not always happen. Commercial litigation often deals with one party who breached a contract to the detriment of the other.

The focus of any such lawsuit will be the contract itself. If it fails to adequately protect your rights, you may not receive the relief and restitution you deserve. It does not often matter what type of contract you entered into when it comes to litigating a dispute. It could be a purchase and sale contract for real estate or some other property of value, contracts with your employees, or contracts for advertising. Even contracts signed within your company such as corporate bylaws, a partnership agreement or a limited liability company operating agreement could end up subject to litigation.

How HOAs can handle disputes with members

There are times when a homeowners' association has a dispute with one of its members. When this occurs, there are several steps an HOA can take to find a resolution before the courts or the government need to become involved.

The first steps are usually known as alternative dispute resolution (ADR). If these steps fail, then either the homeowner or the HOA can file a dispute with the Arizona Department of Real Estate.

Alternative dispute resolution

The first step in an ADR is for the HOA to appoint one or two members to meet with the homeowner to negotiate a resolution to the issue. The HOA and the homeowner identify needs and interests and hopefully hammer out an agreement. The homeowner may bring in an attorney but the HOA usually tries to keep this negotiation informal.

Discrimination encompasses a large portion of employment law

One thing that every worker here in Scottsdale and elsewhere should count on is a workplace free of hostility. Sadly, even in an age where tolerance is higher than ever before, people still suffer from discrimination, which results in unwanted and unwarranted harassment and retaliation. For this reason, discrimination issues encompass a large portion of employment law.

For those Scottsdale residents who suspect their employers are discriminating against them, but are not sure, there are some behaviors and actions to watch for. For instance, if an employer denies a certain employee training that others receive, that could be due to discrimination. Someone may get paid less than others for the same job duties and title.

When is a non-compete not a non-compete? When it’s a non-compete

Some companies require you to sign a non-competition agreement before you begin work. Here’s a secret: Many of them sit on legally shaky ground.

There are several aspects of the standard non-compete agreement that actually make the agreement unenforceable.

Why is a real estate appraisal important in a home purchase?

As a Scottsdale resident searches for a home in the area, one of the primary considerations is probably the price. Once a home is chosen, the purchase price drives a large part of the remainder of the transaction. A monetary offer is made and accepted. Then the mortgage loan process picks up speed if it has not already begun, and a real estate appraisal is a required part of that transaction.

The appraisal is done not only to verify the fair market value of the home, but also to provide a certain analysis regarding certain aspects of the home such as its neighborhood, access to it and characteristics of the home that could adversely affect its value. In addition, it will tell the buyer, and his or her lender, something about the neighborhood and other issues that could affect the current and future value of the home. Lenders must be satisfied with the appraisal before giving final approval for a mortgage loan.

Employment law protects Scottsdale workers with disabilities

Having a disability does present challenges to those Scottsdale residents who have them. However, many do not let that stop them from living their lives to the fullest, and that includes finding a job. Most already know that employment law protects them from discrimination, harassment and retaliation based on their disabilities, but their employers' responsibilities do not end there.

In order for a disabled person to correctly perform his or her job duties, it may be necessary to make some adjustments to the workspace. The Americans with Disabilities Act provides that employers should make such changes, or reasonable accommodations, if at all possible. For instance, an employee may need certain equipment or a modification to existing equipment.

The home inspection contingency in real estate contracts

Buying a home here in Scottsdale can be an exciting, yet nerve-wracking experience. After looking at numerous homes, a buyer finally finds one that he or she wants, but now has to wait until completing scores of paperwork and several due diligence tasks. One of those tasks will more than likely involve a home inspection, which could end up being the critical piece of the real estate transaction.

Most home purchase agreements include a contingency regarding the home inspection. This allows the potential buyer to back out of the deal should the inspection reveal issues with the property. In most cases, the parties attempt to negotiate repairs prior to closing or agree to a price reduction in order to allow the buyer to make the necessary repairs after taking possession of the home.

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