EMPLOYMENT PROBLEMS: WHAT TO DO IF YOU CAN'T AFFORD AN ATTORNEY by Francis G. Fanning, Attorney at Law 500 E. Southern Ave., Ste. B Tempe, Arizona 85282 (480) 731-9142 Fax (480) 731-9163 e-mail fanning@azbar.org As mergers, acquisitions, economic cycles and technological changes force companies to streamline, reorganize and downsize their labor forces, people are losing jobs every day. Often these people seek legal advise, but many cannot afford the cost of retaining an attorney to represent them. Even a consultation fee can be very expensive to someone who has suddenly become unemployed. Here is a list of some of the federal and state agencies that may offer some help to you without the expense of hiring an attorney. THE UNITED STATES DEPARTMENT OF LABOR The U.S. Department of Labor has several divisions that enforce certain federal laws relating to labor and employment. THE WAGE AND HOURS DIVISION (602) 640-2290 Most employers are required to comply with the Fair Labor Standards Act, a federal law that dictates the requirements for minimum wages and overtime pay. Certain employees are exempt from this Act, and disputes often arise over the question whether a particular employee is or is not entitled to the protections of the Act. The Wage and Hours Division is charged with the responsibility of enforcing law. If you believe you have been denied overtime pay, this agency may be of help in investigating that claim. The Family and Medical Leave Act, or FMLA, protects the jobs of covered employees who must take time off for their own or family members' serious medical conditions. The Department of Labor enforces this law through its investigative authority. OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (602) 640-2960 The OFCCP is charged with responsibility for assuring that employers who contract with the federal government comply with a variety of laws that apply to federal contractors. Some laws, such as the Rehabilitation Act which protects against handicap discrimination, are enforced primarily by this agency. Others, such as the Age Discrimination In Employment Act and Title VII off the Civil Rights Act of 1964, are enforced by this agency in connection with other agencies such as the Equal Employment Opportunity Commission. Federal contracts typically have a number of affirmative action requirements that the office also monitors. Some less publicized laws, such as the Veterans Rehabilitation Act, impose burdens on federal contractors that the OFCCP has the power to enforce. If you were employed by a federal contractor (and this includes many employers, from Motorola and Honeywell down so some much smaller companies) and if you feel you were the victim of discrimination, this agency may be able to provide assistance in rectifying the problem. THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (602) 640-2006 OSHA is responsible for investigating unsafe working conditions and enforcing the Federal Occupational Safety and Health Standards. Often people are victims of retaliation when they complain about health and safety problems in the workplace. If you have this kind of complaint, OSHA may be able to obtain a remedy for you in addition to correcting safety problems. (602) 379-3361 The NLRB is the primary federal agency responsible for enforcing federal labor laws. Although much of the agency's work relates to the organization and establishment of unions and the collective bargaining process, the agency also deals with complaints of unfair labor practices. If you have been punished for attempting to organized fellow employees, for participating in union informational or organizational activities, or for petitioning for changes in the working conditions in concert with other employees, you may obtain assistance from the NLRB to correct these unfair labor practices. (602) 640-5000 The EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits discrimination in the workplace based upon race, religion, ethnic origin, nationality, color or sex. This agency also enforces the Age Discrimination In Employment Act, which prohibits discrimination against people over the age of forty based upon age, as well as the Americans With Disabilities Act, which prohibits discrimination against qualified disabled persons. The EEOC works in cooperation with the Arizona Civil Rights Section and the OFCCP to investigate charges of discrimination and to obtain relief when it finds cause to believe that discrimination has occurred. It also offers mediation services when a charge is filed.
ARIZONA ATTORNEY GENERAL - HUMAN SERVICES DIVISION- CIVIL RIGHTS SECTION (602) 542-5263 The Civil Rights Section is the state equivalent of the federal EEOC. It enforces the Arizona Civil Rights Act, which governs discrimination in employment, voting rights and public accommodations. The agency's investigations take a slightly different course than those conducted by the EEOC, but filing a charge with either agency will be considered a charge in both agencies. The ICA is a state agency that provides several kinds of services to employees. WORKER'S COMPENSATION CLAIMS DIVISION (602) 542-4661 This division processes claims for compensation on account of industrial injuries. If you are injured on the job, your employer is required to report the injury to the Industrial Commission. Your treating doctor should also report the treatment of job-related injuries. Compensation for job-related injuries is limited to medical expenses and certain lost earnings once your injury has been reported, the Industrial Commission will notify you of the status of your claim periodically. If you dispute the status of the claim or any decision made by your employer's insurance carrier, its doctor or the Commission you have hearing rights that are explained in the notices your receive from the ICA. Requesting a hearing is a simple matter, but it is generally advisable to consult with a worker compensation attorney whenever a dispute arises over your claim. WORKER'S COMPENSATION OMBUDSMAN (602) 542-4538 The Ombudsman is available to assist you in resolving problems with the ICA. Although the Ombudsman will not act as your attorney, your problem may simply be a matter of poor communications, and the Ombudsman can help to clarify misunderstandings and open up lines of communications. LABOR DIVISION (602) 542-4515 The ICA Labor Division has authority to collect unpaid wages by administrative action. If you have a claim for unpaid wages that does not exceed $2,500.00, this agency can process your claim and force you employer to pay the unpaid wages without the need for filing a lawsuit. OCCUPATIONAL SAFETY AND HEALTH DIVISION (602) 542-5795 This office is the state equivalent off the federal Occupational Safety and Health Administration (OSHA). Claims relating to unsafe working conditions or retaliation for complaining about work safety can be brought to this agency as well as the federal OSHA. ARIZONA DEPARTMENT OF ECONOMIC SECURITY Several divisions of the Department of Economic Security provide services to those who have lost their jobs. UNEMPLOYMENT INSURANCE (602) 417-3800 The Department of Economic Security processes claims for unemployment insurance. While you are unemployed, you are eligible to apply for unemployment benefits. Whether you receive the benefits or not depends upon determinations made initially by an individual representative of DES Unemployment. If you are denied benefits, you have certain appeal rights that are spelled out in the notice of denial. Generally a claimant can proceed through the entire appeals process without having to involve an attorney. On the other hand, you employer is also entitled to appeal a decision to grant you benefits. In either case, the appeal process is the same. Refer to the government listing of the White Pages of the telephone book under State Government-Economic Security for the telephone numbers of local Unemployment Claims offices. JOB SERVICE (602) 252-7771 The Job Service is an agency that assists people in finding employment. You need not be receiving unemployment to be eligible for assistance from Job Service, but if you are receiving unemployment you must be willing to make use of this service, and to actively pursue reemployment. Refer to the government listings of the White Pages of the telephone book under State Government-Economic Security for the telephone numbers of local Job Service offices.
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