Arizona Employment Law Attorneys
Professional ◦ Effective ◦ Knowledgeable
Responsive service and effective representation since 1985.
Contact Gillespie, Shields & Associates, P.A., to schedule a consultation with a knowledgeable and experienced attorney regarding any of the following legal matters:
Employment Law: The firm has experience in all aspects of employment litigation in cases arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, and other federal and state laws regulating the workplace. We also have experience with breach of contract claims, wrongful discharge claims, and the ever growing list of employment tort claims.
Our employment practice also includes preventive counseling to help employers identify problem areas before they become legal situations..
Employment Discrimination: In general, employers are prohibited from considering a person's race, color, religion, national origin, gender, age or disability in making employment decisions. Generally, it is illegal for an employer to consider those characteristics when making a decision to hire, terminate, or demote an employee, change job assignments, change benefits or wages, or any other condition or term of employment.
There are several federal and state laws that prohibit discrimination, but the laws vary depending on several factors. Examples include: the characteristics that the law is intended to protect, the size of the employer that is covered by the law, the kind of job the employee holds, and the kind of recovery that an employee is entitled to recover under the law for a violation. Our attorneys can help advise employees on their rights based on their particular situation and provide advice on how to enforce those rights.
- Race/Color/National Origin Discrimination: An employer cannot overlook a person for opportunities, treat them in a substandard manner, or terminate them because of their race, color or national origin.
- Gender Discrimination: An employer cannot overlook a person for opportunities, treat them in a substandard manner, or terminate them because of their gender or gender expectations.
- Age Discrimination: The Age Discrimination in Employment Act is a federal law that prohibits discrimination based on age. Age discrimination takes place when a person is overlooked for opportunities, treated in a substandard manner by co-employees, and/or terminated for no other reason than their age. Contact on of our attorneys if you think that you have been a victim of age discrimination.
- Disability Discrimination: The Americans with Disabilities Act of 1990 (ADA) protects all disabled individuals from being discriminated against in the workplace due to their disability. If you believe that you have been discriminated against as a result of your disability, contact on of our employment law attorneys today.
- Religious Discrimination: An employer can not make any employment decisions in regards to an employee based on their religious orientation or beliefs. If you believe that your employment has been affected by religious discrimination, contact one of our employment law attorneys.
Sexual Harassment: Sexual harassment occurs where sexual conduct results in an intimidating, hostile and offensive work environment. This may include verbal conduct (derogatory or offensive and unwanted comments); physical conduct (unwanted touching, assault, impeding or blocking movement, or physical interference with normal work or movement), or visual harassment (offensive posters, cartoons, or drawings). Sexual harassment also occurs when a request for sexual favors is linked to granting or denying job benefits (such as obtaining or keeping a job, or receiving a promotion or favorable job review). One of our experienced employment lawyers can help you determine whether you have a claim for sexual harassment.
Pregnancy Discrimination: The US government implemented the Pregnancy Discrimination Act, which is an amendment to Title VII of the Civil Rights Act of 1964, in order to protect against discrimination of pregnant women or individuals wishing to take a leave of absence due to pregnancy. Contact one of our lawyers if you believe you have been discriminated against in this fashion.
Retaliation: An employer cannot demote or otherwise retaliate against an employee for engaging in a protected activity such as making a discrimination or harassment complaint, or threatening to exercise such rights. If you were fired, demoted, disciplined, harassed, or otherwise retaliated against because your reported activities which were discriminatory or which you believed were unlawful, contact one of our lawyers to determine whether your rights may have been violated.
EEOC and ACRD Complaints: The Equal Employment Opportunity Commission (EEOC) and the Arizona Civil Rights Department are both responsible for upholding the laws against discrimination and retaliation and investigating complaints pertaining to various laws enacted to address discrimination in the workplace. Our experienced lawyers can aid you in administrative claims filed with the EEOC and help you protect your rights.
Wrongful Termination/Retaliatory Discharge/Whistleblowing: At will employees generally can be terminated with or without cause. However, an employee cannot be terminated for an unlawful reason. For example, it is wrongful for an employer to retaliate against an employee who reports, or threatens to report, an employer's unlawful activity to appropriate authorities. It is also wrongful for an employer to retaliate against an employee who makes safety complaints, protests unlawful discrimination at the work place, demands overtime pay or other wages, or files a charge of unlawful discrimination. Contact one of our experienced employment law attorneys to discuss whether you might have a wrongful termination or retaliatory discharge claim.
Violations of the Family Medical Leave Act: The Family and Medical Leave Act (FMLA) allows anyone who works in a company of 50 or more employees to take up to twelve weeks of medical leave a year without the worry of job loss. Pregnancy, illness, or even caring for an elderly parent may be qualifying events under this act. If you feel that an employer is retaliating or interfering with your right to take FMLA leave, seek the help of one of our qualified employment lawyers.
Wage and Hour Disputes: The Fair Labor Standards Act (FLSA) protects an employee's right to overtime pay. There are also state laws that protect against the withholding of wages. In some cases where an employer wrongfully withholds wages that are due, the employee may be entitled to up to three times the amount of wages owed. If your employer has failed to pay you wages, commission, or overtime, contact one of our attorneys today.
Unemployment Compensation: Individuals who lose their jobs through no fault of their own are often entitled to collect unemployment compensation benefits. Typically an employee who quits a job does not qualify for unemployment benefits. However, if the job resignation was the result of an employer's harassment, discrimination, threats, or hazardous working conditions, then the employee may qualify for an unemployment benefits claim. Contact an experienced employment attorney to find out what your rights are with respect to unemployment compensation.
Employers' Resources: Small-to-medium sized businesses, unlike large corporations, generally lack their own in-house counsel. Our employer clients benefit from our assistance and advocacy in employment matters such as policy development and preparation of employee handbooks.
We have Spanish-speaking personnel in our law offices. Se habla español.
We serve employees throughout the Phoenix and Mesa area, as well as in communities including Tucson, Flagstaff, Yuma, Prescott and Kingman.
