Legal Question in Employment Law in Arizona

First, what you can do is somewhat dependent on the $$$ amount in question. Last I knew wage claims for under $2500 could be reported to the Industrial commission. Claims over that would require a suit.

Second, generally, a letter from an attorney would be powerful, especially for this kind of claim because under the case law the employer almost always loses and can be liable for the triple damages unless you have authorized by contract or other writing their withholding of money (usually not the case except for tools). Rare case where this would not work.

Third, you could file a Justice Court case (no attorneys allowed under $2500 but for that amount would try Industrial Commission first) and can do yourself in Justice Court up to $10,000.00. Attorneys are allowed for amount $2500 to $10,000 but not unusual not to have - tho do not recommend unless hire attorney to advice behind the scenes. In AZ that is allowed and Justices of the Peace may even award fees if you present the bill.

Best bet is, without legal proceedings, is Industrial Commission - wage and hour board or if amount is too large then demand letter from attorney.

The problem may turn out to be that the letter is too expensive for the claim. (Basically, the letter is the same whether the claim is for $240.00 or $240,000.00 because the statutes, case law, content and work are the same.

Hope this helps. Good luck! If you think you might use us you can contact Tom of my office.

Law Offices of Donald W. Hudspeth, P.C.

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