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

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

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Whether an Arizona laborer leaves the employ of his boss voluntarily or not, Arizona law requires that a discharged laborer 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, including the possibility of having to pay a discharged laborer treble damages and attorneys' fees.

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

Section 23-353(B) is a limited more forgiving to employers who have an laborer quit. In those cases that boss has until the next regular payday to pay the employee. This section also provides that if the laborer 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 laborer is that found in Arizona Revised Statute Section 23-355, which allows an laborer who is not paid as required in Section 23-353 to sue the previous boss for "treble the whole of the unpaid wages." Obviously, violation of the statute can come to be quite high-priced for an employer, and lucrative for an employee.

In addition, because the employment connection is contractual in nature an laborer who does bring such a suit may also recover attorneys' fees incurred in pursuing such an activity 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 suitable claim or defense in a timely manner can be fatal to your case.

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