Legality

[sst1006]

Two separate questions:

1. In the state of Arizona are there laws which protect exempt employees from working excessive overtime on a consistent basis without any comp time given?

2. I recently resigned from my position as a full time exempt manager but agreed to stay with the company on a contract basis part time until they found a replacement. I was to earn my full time hourly rate for the number of part time hours I worked a week. I was to continue doing many of my job functions in addition to training my replacement. This is all in writing. Went in today and was told that my services were no longer required. When asked for clarification was given none. Requested a copy of my personnel file, nothing but outstanding reviews. However, one recent review was never given to me but was in my file and had never been shown to me. Excellent review. Was this legal and do I have any recourse?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

1. Arizona exempt employees: no overtime issue, comp time issue
If you are a public employee: 23-391. Overtime pay; work week

A. Subject to availability of appropriated funds, an employee of the state or any political subdivision, serving in a position determined by the law enforcement merit system council, the director of the department of administration, the board of regents, the state board of directors for community colleges, the board of directors for the school for the deaf and the blind or the governing body of a political subdivision, in the discretion of such board or body, to be eligible for overtime compensation who is required to work in excess of such person's normal work week, shall be compensated for such excess time at the following rates:

1. One and one-half times the regular rate at which such person is employed or one and one-half hours of compensatory time off for each hour worked if overtime compensation is mandated by federal law.

2. If federal law does not mandate overtime compensation, the person shall receive the regular rate of pay or compensatory leave on an hour for hour basis at the discretion of the board or governing body.

B. Notwithstanding the provisions of subsection A, the state or a political subdivision may provide, by action of the law enforcement merit system council, the board of regents, the state board of directors for community colleges, the board of directors for the school for the deaf and the blind or the director of the department of administration in the case of the state or of the governing body of the political subdivision, for a work week of forty hours in less than five days for certain classes of employees employed by the state or the political subdivision.


I was not able to find info specific to exempt employees. May I suggest you contact your local Employment Organization (contact city hall) and see what you can find out.

2. Services no longer required:
My take on it is this: you resigned from your position and agreed in writing to work for them until they found a replacement. Most states follow at will employment. I.e. unless you are under a contract, they can fire you at any time with or without cause. Now, there is an issue here as to whether you were under contract. Employment contracts usually mean you are employed for a certain amount of time (usually high execs like VPs and CEOS have these).
Now, what you may have is a contract to work for a specific amount of time (until they find a replacement). So, that means that they cannot dismiss you until they find a replacement, as you said. If that is the case, and they have not found a replacement, then they are in breach and must pay damages.

Those damages will probably something like this: the amount they were to pay you until someone was found minus the amount you would have to mitigate(if they choose to interpret as employment contract). By mitigate, I mean mitigate your losses (your duty). As such, you would have to reasonably and diligently search for similar employment.

 

[sst1006]

For clarification......What institues a contract? Does a specific time frame have to be determined or if in the body of the letter it states that my services will be required until a replacement is hired and fully trained constitute a contract? Furthermore, I already have a job and have been working both at the same time. However, my new position is full commission and I have not been recognizing full commission because of the time I have spent working at the other job. If I chose to pursue this is there any liablility they may incur?