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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Arizona Real Estate Law - insight Arizona's Anti-Deficiency Statutes

Law Offices - Arizona Real Estate Law - insight Arizona's Anti-Deficiency Statutes

Good afternoon. Yesterday, I discovered Law Offices - Arizona Real Estate Law - insight Arizona's Anti-Deficiency Statutes. Which may be very helpful in my opinion and also you. Arizona Real Estate Law - insight Arizona's Anti-Deficiency Statutes

In Arizona, absent some agreement, rule or statute to the contrary, a lender can commonly seek a deficiency judgment after foreclosing on a property securing a loan, if the property does not sell for sufficient money to satisfy the debt in full. Fortunately for most typical Arizona homeowners, the Arizona legislature has adopted anti-deficiency statutes that forestall such recourse in many typical fact scenarios. In addition, the parties to a real estate compact may expressly agree that the lender's only recourse is foreclosure on the property itself.

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In the event of non-recourse loans, the non-recourse provision should be included in the mortgage or deed of trust. In most cases, the lender according to a non-recourse loan will also want assurances in the loan documents that the borrower will not commit acts of waste.

In the absence of express agreement, Arizona law provides safety for borrowers against possible liability stemming from the sale of a property at less than store value in a foreclosure sale. The borrower, however, must act quickly to protect his or her rights. If the property sells for less than the estimate owed to the lender, the borrower is entitled to ask a court to decree the property's fair store value. In the event the court agrees that the far store value is higher than the sales price the buyer gets reputation for the higher amount. This not only protects the borrower from an unfairly low price, but encourages lenders to make a reputation bid for an estimate near fair store value.

There is an even more favorable statute protecting borrowers against deficiency judgments arresting single or dual-family dwellings on 2 1/2 acres or less where the loan is "purchase money," meaning it was used to pay the purchase price of the property. Typically, loans used to refinance purchase money loans are also thought about purchase money loans, although the use of some of the proceeds to pay other debts, procure cash out, or for other uses may expose the borrower to recourse liability.

Significantly, even if the loan is not a purchase money loan, the lender's selection to use non-judicial foreclosure on the deed of trust renders it non-recourse by performance of law. The lender may, however, instead seek judicial foreclosure, which is more expensive and time-consuming, but preserves the ability of the lender to procure a deficiency judgment. This anti-deficiency statute also allows a lender to seek a deficiency judgment against the borrower in the event of waste.

Because interpretation of the Arizona anti-deficiency statutes and connected real estate laws can be very complicated, borrowers and lenders are advised to seek the aid of an experienced real estate attorney with any questions or concerns they may have.

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