Weinberger Law

Arizona Legal Blog

Employment law is another area that benefits from mediation

Most Scottsdale residents would cringe at the thought of having to go to court. Not only is it a daunting experience, but it is also time-consuming and expensive. For this reason, mediation is an attractive alternative for resolving any number of disputes, including those in the area of employment law.

In fact, the Equal Employment Opportunity Commission offers a mediation service that could bring a resolution to employment disputes between Scottsdale employers and their employees. This alternative to litigation provides a neutral party to help facilitate a resolution to the issues between the parties. This could result in not only a monetary resolution, but a nonmonetary one as well. For instance, a party may receive the promotion he or she was denied due to discrimination by a supervisor or manager, along with monetary compensation for any pay disparity that occurred.

Employment law encompasses much more than you may think

As a worker for a Scottsdale company, you have certain rights. You may not know what all of those rights are, however. The fact is that employment law covers and includes much more than you may think.

Discrimination issues fall under employment law. Anytime you feel that you are harassed, retaliated against or terminated without cause because of your race, gender, religion or more, your employer may have violated employment laws against discrimination. Both the federal government and the state of Arizona offer certain groups protections under such laws.

Don't forget the acknowledgement for the employee handbook

One of the best ways that Scottsdale companies can protect themselves against unwarranted claims from employees is through getting the word out. This means that every worker should have an employee handbook outlining what is expected of him or her, including the companies' stances against issues such as harassment, discrimination and retaliation. The issue is having a way to verify that a particular employee received a copy of the handbook, reviewed it and was given a chance to ask questions and receive clarifications about it.

This is where requiring an acknowledgement regarding the employee handbook from every worker could help. This document requires an employee signature verifying that he or she received, reviewed and understood the contents of the handbook. Another helpful provision of the acknowledgement is an affirmation that the worker understands that employment is "at will," which may head off any erroneous claims of wrongful termination in the future.

Which type of mediation works best for your situation?

Mediation can help individuals and businesses find an effective, often lasting method of dispute resolution. But mediation is not just a one-size-fits-all solution. While in every case a trained mediator attempts to find common ground and a collaborative solution, there are many approaches.

Take control of your dispute through the use of mediation

Unfortunately, it is nearly impossible to go through life without some confrontations and disputes. Most of them you resolve yourself with the other person. However, some of your disputes require more formal help. Your first thought may be to file a lawsuit in a civil court here in Scottsdale, but that might not be necessary. You could try an alternative method of dispute resolution such as mediation and maintain control over the outcome.

For many people, that is the primary reason for using mediation. If you go to court, a judge makes the final decision for you. If you use this method to resolve your dispute, you and the other party make the decisions. This often helps the parties hold up their respective ends of the bargain, so to speak, since each of you had a hand in creating the agreement.

Real estate transactions encompass more than the purchase

The buying and selling of land here in Arizona happens nearly every day. These transactions have many moving parts, and failing to complete one of the many tasks required prior to completing the purchase could cause problems in the future. For this reason, it may be a good idea to gain a better understanding of the obstacles you could face as you attempt to purchase a piece of real estate.

It all begins with your purchase and sale agreement. This document outlines the terms under which you will purchase the property, so you will want to make sure you receive the best terms possible. Thereafter, you begin looking at title issues, the need for title insurance and mortgage loan issues.

How to spot unfair competitive practices

For many business owners, their entire livelihood rides on the success of their operation. You are responsible for the ins and outs. A good reputation is a key aspect of your organization, whether it be big or small.

Unfortunately, running a business is not always a smooth process. A person or another business can come into the picture and cause a major disruption. What are your rights as a business owner? How do you know when it's cause for legal action?

Mediation can be a good tool for resolving business disputes

The thought of going to court in order to resolve an issue with a fellow Scottsdale small business may not be appealing. The time, expense and nearly assured destruction of the relationship between the parties makes litigation an unwanted situation for everyone involved. Mediation could provide a way to avoid this eventuality and allow the parties to salvage their working relationship if so desired.

During mediation, a third party facilitates negotiations between the parties. Each side receives the opportunity to present his or her side of the dispute, including how each side sees the issues. The mediator then helps the parties reach a resolution with which both sides are satisfied.

How is "at will" defined by Arizona employment law?

If you no longer want to stay at your job, then you may walk away from your workplace at any time. On the other hand, your employer may also terminate your employment at any time. This is what most people understand to be "at will" employment under Arizona employment law.

It may be bit more complicated than that, however. If you entered into a contract with your employer, you may not be able to just walk away and your employer may not be able to just fire you. If either the contract restricts the circumstances under which you or your employer may terminate your employment or specifies that you will remain employed for a certain amount of time, then you may not have the option of simply leaving.

An update on antipoaching agreements used by franchises

This spring, a group of Attorney Generals from ten states and the District of Colombia alleged that anti-poaching agreements common in fast food industry franchises were violating federal antitrust laws. It is alleged that the use of such agreements violate antitrust rules because it may reduce competition and keep wages low. Two federal district courts in Illinois have allowed class action lawsuits by employees of franchises McDonald’s¹ and Jimmy John’s² to proceed at the end of June and July 2018, respectively, based on these allegations.

Email Us For A Response

Begin Your Case Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Phone:

Office Location:

Weinberger Law
5635 N. Scottsdale Road
Suite 170
Scottsdale, AZ 85250

Phone: 480-900-5192
Scottsdale Law Office Map

Review Us