Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Does civil law include civil service law. If so, I have a number

Customer Question
of issues that I need...
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: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 58 minutes by:
4/23/2009
Lawyer: TexLaw, Attorney replied 8 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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.

Lawyer: TexLaw, Attorney replied 8 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
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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.
Lawyer: TexLaw, Attorney replied 8 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
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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

Lawyer: TexLaw, Attorney replied 8 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.
Ask Your Own Legal Question
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is it required that a written representation agreement or
Is it required that a written representation agreement or fee agreement be signed by a client when they work with a lawyer? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I have both a homeowners insurance policy that covers damage
I have both a homeowners insurance policy that covers damage to our home with a $1000.00 deductible and a home warranty policy with a $1000.00 maximum for plumbing incidents. We had a slab leak (plumb… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My home insurance policy re: full replacement cost. Language
My home insurance policy re: full replacement cost. Language was confusing so I had some words with agent who got mad and told me to go shoping. So I did. On potential new agents screen it said my cur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
My son past three year and had an insurance policy that
My son past three year and had an insurance policy that didn't have a beneficiary. His death benefit was split between my husband and me. We have been separated for over 20 years. He has passed away a… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am sold a insurance policy and I have a copy of the letter
Second opinion] I am sold a insurance policy and I have a copy of the letter of confirmation, the certificate of insurance, when claimed form is submitted I am told I was not sold the amount of insura… read more
Bill Attorney
Bill Attorney
law
1,605 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I want to have a life insurance policy and add my fiancée as
I want to have a life insurance policy and add my fiancée as one of the beneficiaries. The Insurance company is asking me: "insurable interest exists/what financial loss will be incurred by the person… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I am a grandfather who took out a life insurance policy for
I am a grandfather who took out a life insurance policy for my 19 year old … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had a life Insurance policy with All State insurance taken
i had a life Insurance policy with All State insurance taken out in 1997 for 25.000 whole life. I then increased it to 60.000 paying regularly each mos. I was told they had turned it over to Universal… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
My mother has a insurance policy that matured in 2007 and
my mother has a insurance policy that matured in 2007 and cant ins. to tell us anything what should we do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
I am planning on buy in a separate insurance policy with a
I am planning on buy in a separate insurance policy with a different company for my teen driver and myself with specific vehicles. Can my current insurance company legally raise my rates on vehicles t… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I bought an insurance policy and one of the statements in
Hello, I bought an insurance policy and one of the statements in the policy make me think the policy is not valid. "This policy is written by an unauthorized insurer and is not subject to the filing o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x