Arizona Employment Law - How Long Does an boss Have to Pay a Discharged Employee?

Law Offices - Arizona Employment Law - How Long Does an boss Have to Pay a Discharged Employee?

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Whether an Arizona worker leaves the employ of his boss voluntarily or not, Arizona law requires that a discharged worker be paid all wages due to him or her within a very clearly defined period of time. Arizona employers that fail to comply with the governing statutes face serious penalties, together with the possibility of having to pay a discharged worker treble damages and attorneys' fees.

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Arizona Revised Statute Section 23-353(A) applies to situations where an worker is accomplished or fired by his or her employer. In such cases, the statute requires that wages be paid within three quarterly working days or by the end of the next quarterly pay period, whichever is sooner. For example, if an worker is accomplished on a Monday and the next quarterly payday is the following Monday, the boss cannot pay the worker in the quarterly course, but must pay all wages owed by Thursday at the latest.

Section 23-353(B) is a little more forgiving to employers who have an worker quit. In those cases that boss has until the next quarterly payday to pay the employee. This section also provides that if the worker requests, the boss must send the payment by mail.

Although Section 23-353(D) provides that violation of this statute is a petty offense, the more prominent penalty to a discharged worker is that found in Arizona Revised Statute Section 23-355, which allows an worker who is not paid as required in Section 23-353 to sue the old boss for "treble the estimate of the unpaid wages." Obviously, violation of the statute can become quite expensive for an employer, and lucrative for an employee.

In addition, because the employment relationship is contractual in nature an worker who does bring such a suit may also recover attorneys' fees incurred in pursuing such an action pursuant to Arizona Revised Statute Section 12-341.01.

If you have not been paid wages owed to you in a timely manner, or if you are an boss who has been accused of failing to comply with one or more of these statutes, you should consult with an experienced employment attorney as soon as possible. The failure to make an acceptable claim or defense in a timely manner can be fatal to your case.

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