Employment Law

Navigating the complex web of federal and state employment laws can be an overwhelming and confusing experience for both business owners and employees. Those laws provide rights – and impose responsibilities – on employees and employers alike. When disputes arise, it is important to quickly assess the situation and determine if action is warranted. If it is, a knowledgeable lawyer can turn obstacles into the building blocks of a successful outcome by aggressively protecting your rights.

Count on Hall & Chelle, in Phoenix, Arizona, to aggressively pursue every legal option available in an effort to obtain a result that benefits you. Our firm has extensive experience representing businesses and employees in a variety of employment law matters. No matter which side of the case you are on, we can provide comprehensive representation. Contact our Phoenix employment law attorneys today to learn how we can help you.

A Comprehensive Understanding of the Law

Our firm’s experience on both sides of employment law cases is a significant asset to our clients. Our understanding of the challenges and requirements in the various aspects of these matters allows us to more effectively prepare every case. Because we handle cases for both employers and employees, we know what to expect from the other side and know how to effectively counter various maneuvers during the proceedings.

We represent clients in all types of employment law cases, including:

  • Employment discrimination, such as gender, race, disability and age discrimination
  • Workplace harassment and retaliation, including claims of sexual harassment and hostile workplace
  • Whistleblower claims
  • Wage and hour/overtime disputes
  • Wrongful termination
  • Employment contract drafting and review
  • Noncompete agreements and trade secrets

Discrimination, Harassment and Retaliation:
Race, Sex, Age and Disability
Religion, Color, National Origin and Citizenship
Hostile Work Environment
Equal Pay and Equal Treatment
Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA)
(a.k.a. Age Discrimination, Age Based Harassment, Sex Discrimination, Gender Discrimination, Sexual Discrimination, Sex Harassment, Sexual Harassment or Gender Harassment)

Wrongful Termination:
Including at-will workers (it is a common mistake to say “Arizona is a Right to Work State” when referring to at-will employees)
(a.k.a. Wrongful Discharge, Wrongful Dismissal, Wrongfully Fired, Illegal Firing, Termination Without Cause or Wrongfully terminated)
Constructive Discharge (ARS § 23-1502)

EEOC & ACRD (Arizona Civil Rights Division) Investigations:
Charge of Discrimination
Position Statement
Responses/Rebuttals to employer’s Position Statement
Intake Questionnaire and Initial Interview with Investigator

Non-Competition Agreements & other Restrictive Covenants:
Non-Solicitation Agreements (Non-Solicit)
Non-Disclosure Agreements (Non-Disclosure or NDA)
Confidentiality Agreements
Non-Competes
Misappropriation of Trade Secrets, and Confidential / Proprietary Information

Blacklisting
Can be by verbal or written agreement (ARS § 23-1361)

Whistleblowers:
Retaliation for reporting a violation of Arizona law (ARS § 23-1501)
State Employees Blowing the Whistle on a Matter of Public Concern (ARS § 38-532)
Corporate Whistleblowers (including the Sarbanes Oxley Act)
(a.k.a. Whistleblower Complaint, Whistleblowing, Whistleblower Statutes or Whistleblower Retaliation)

Employment Contracts:
Litigate written Employment Agreements signed by employer and employee
Employment Contracts can be formed by language in Employee Handbook, personnel policies, or other circumstances
At-Will Employment and Right-to-Work issues

Unpaid Wages and Unpaid Overtime:
Overtime, Minimum Wage and other Wage and Hour claims
Including the Fair Labor Standards Act (FLSA)
Misclassification (misclassified as exempt employee vs. non-exempt hourly worker)

Leaves of Absence:
Family Medical Leave Acts (FMLA)
Short Term Disability and Long Term Disability
American’s with Disabilities Act (the ADA)

Disability Discrimination & Disability Harassment:
Americans with Disabilities Act (ADA)
Failure to Accommodate
Retaliation & Harassment
Lack of Interactive Process to Identify Reasonable Accommodation

Arbitration, Mediation and Conciliation:
AAA (American Arbitration Association);
EEOC (Equal Employment Opportunity Commission);
ACRD (Arizona Civil Rights Division of the Attorney General’s Office);

Administrative Law:
State Employees (including School Teachers, College and University Employees, and others)
Grievances and Administrative Appeals to the Personnel Board
Litigate appeals before the Superior Court and Court of Appeals
Violations of Due Process Rights

Unemployment Claims:
Appealing Department of Economic Security (DES) Decisions
Appeals Tribunal, Appeals Board or Decision of Deputy

Review, Draft, and Litigate Disputes regarding:
Employee Handbooks / Personnel Policies
Arbitration Agreements
Forced Resignation / Resignation in Lieu of Termination
Severance Pay\

Torts:
Defamation (including Libel and Slander)
Tortious Interference with Employment Relations
Fraud, Fraudulent Misrepresentation or Negligent Misrepresentation
Negligent Supervision / Negligent Retention