Monday, December 19, 2011

Wage Claims in Arizona

If you quit your employment or your employment is terminated by your employer, you should know what Arizona law requires with regard to your unpaid wages or commissions, and what your options are if your ex-employer fails to comply with Arizona law.

If you quit: Employees who quit must be paid on the regular payday for the pay period during which the resignation occurred.

If you are fired: An employer must pay someone who has been fired within three of the employees' working days or the next payday, whichever is sooner. School districts may pay wages due the employee within ten calendar days from the date of firing.

If your employer fails to pay you within the time prescribed: If the employer's failure to pay is "wrongful," you may be entitled to treble damages...three times what you are owed.

How do you get your money: You can proceed in one of two ways. You can hire a lawyer to file a lawsuit against your employer. Or, you can file a complaint with the Arizona Labor Department.

If you are owed wages from an employer, call me at 480-707-2835 or visit my website at www.sbantalaw.com to learn more.

Monday, October 24, 2011

Equitable Subrogation

With the collapse of the Arizona commercial real estate market there has been an explosion in the amount of litigation in which lenders who refinance construction loans for "projects gone bad" claim that their subsequent lien on the property (gained at the time of refinancing) has priority over the mechanic's liens of the general contractor. The theory the lenders rely on is called "equitable subrogation." Here is a recent decision on a lender's motion for summary judgment on its equitable subrogation claim written by Judge Haines from the Bankruptcy Court for the District of Arizona in the Mortgages Ltd. case.
Haines Decision