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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Does civil law include civil service law. If so, I have a number

Customer Question

Does civil law include civil service law. If so, I have a number of issues that I need assistance with. I believe the City of Tucson, Human Resources Department, believes rules and regulations are for all other departments but themselves. Times are hard, and they are more than pushing their boundaries to push the pressure downward.
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
Hi . Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Could you explain your situation a little more?



Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.



I believe I can answer the question you have in the field you are requesting. Please tell us specifically what your question is.

Thanks,
Zachary D. Norris
Attorney
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 14 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

I am an hourly employee as are the rest of the HR Technicians. We have been given the assignments to 1) call our supervisor when we are out sick. (obvisously this one is lagit) and 2) if we were assingned front desk duties, when we are out sick, to call around to the rest of the technicians until we find someone to cover our shift. There is not always someone there that can do this. Sometimes I am too sick to be calling making an infinate number of calls to find a replacement. They do not pay us for performing this task. 3) If some one has a question, they can call you at home and expect any amount of effort out of you they so choose, without regulary pay, regardless of your ailment.

 

Also, while being assigned as an HR Technicain, I have been performing duties for the last 3 years that are generally performed by personnel being paid 2 to 3 times my current pay. That is, I have researched, analyzed, built, tested, and suppored well over a dozen complex databases, called applications, used by the Human Resources department, all the while, being made to feel that if they decide they don't like me, I'm just gone. It is also true that I very much enjoy building these applications as I am exceptionally good at it and I feel much accomplishment from it. But, by the way they treat me, I feel that at the drop of a hat, they would cut off their nose to spite their face and tell me to get lost.

 

I am a retired Air Force Master Seargent (not enough retirement pay to live on) and have been successful in as many as 20 different jobs throughout my life, and never have I felt as precarious and used as I have in this job.

 

It is my belief that I am being used for everything they can get out of me, right or wrong, and I am screwed if I, or any of my piers, say anything at all.

Expert:  TexLaw replied 5 years ago.
DearCustomer

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

This is a very interesting situation in which you find yourself. Fortunately, Arizona law does not allow for you to do work for an employer without being paid for the same. The following is an excerpt of the applicable law.

Statute 23-350 provides:
"Hours worked" includes all time an employee is employed.
"Wages" means nondiscretionary compensation due an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation. Wages include sick pay, vacation pay, severance pay, commissions, bonuses and other amounts promised when the employer has a policy or a practice of making such payments.

Statute 23-351 provides:
Each employer shall, on each of the regular paydays, pay to the employees, in lawful money of the United States, or in negotiable bank checks or, in the case of the state or any political subdivision thereof, warrants payable on demand and bearing even date with the payday or, with the written consent of the employee, by deposit on the payday to the employee's credit at a financial institution of the employee's choice which is a member of the federal deposit insurance corporation or of any other comparable federal or state agency, all wages due the employees up to such date.

In short, what this means is that when you are contacting other employees to find a replacement for you when at home while you are sick, then you are conducting work for which you should be paid.

Accordingly, you have a claim for unpaid wages. You can assert a claim for unpaid wages by either filing a civil lawsuit (23-355) or by following the provisions of 23-356:
A. Instead of proceeding under section 23-355, an employee may file a written claim with the department for unpaid wages against an employer if the amount of such wages does not exceed two thousand five hundred dollars and if such claim is filed within one year of the accrual of such claim.
B. The department may, on behalf of an employee, or the employee may obtain judgment and execution, garnishment, attachment or other available remedies for collection of unpaid wages established by final determination by the department.
C. The department may receive payment on wage claims on behalf of employees. The department may deposit, pursuant to sections 35-146 and 35-147, monies it receives as payment on wage claims in a special state fund for disbursement to wage claimants on proper authorization by the department.

I understand your concern regarding making any kind of complaint. This is why you should file a complaint with the Industrial Commission. Then, the City will be prevented from taking any adverse employment action against you or they will be liable to you for damages for retaliation.

In connection with your "classification" issue (i.e., you are doing the work required for a different job and you are not being compensated at the correct level of compensation), there is likely an Arizona law which requires that the state or any political subdivision of the state (like the City of Tuscon) must correctly classify its employees. I have not been able to locate the statute. However, a local attorney would be able to do this for you.

So, your options are to file a complaint with the Industrial Commission regarding your unpaid wages for work performed at home (i.e., calling other people to work in your place when you are sick). I believe you would likely have to find an attorney there to enforce the misclassification cause of action that you may have.
Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 14 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you very much. You have only confirmed what I already suspected. But, a search of the internet has yet to yeild an "Civil Service Attourney" in my area. It would be definitely worth something I you could refer me to such. You have been kind and have put forth your best foot. I appreciate that.
Expert:  TexLaw replied 5 years ago.
What you are looking for is a plaintiff employment law specialist. An employment lawyer specializes in all HR related issues and will also know the specific laws that apply to civil service employees.

I do not know any attorneys in Tuscon to refer you to. However, if you do a google search for "tuscon employment lawyers" you will find someone locally who can help you.

Good Luck with your case.

Best Regards,
Zachary D. Norris
Attorney
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 14 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

I am sorry I took so long to respond. The truth is, you've been very helpful and I truly do appreciate your help and would recommend this service to others.

 

Thanks very much.

 

Steve

Expert:  TexLaw replied 5 years ago.
Steve,

Thanks for your kind words. Please do pursue your claim! I hate it that you are undergoing such unjustice.

Truly,
Zachary D. Norris.

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