The Law Office of
Joseph A. Velez
480.710.5079
Unemployment Compensation
Phoenix, Arizona Employment/ Labor Law Attorney
Our law office represents clients throughout the Phoenix, Arizona area including the cities of Scottsdale, Maricopa, Mesa, Surprise, Paradise Valley, Avondale, Gilbert, Chandler, Glendale, Florence, New River, Fountain Hills, Peoria, Surprise, Queen Creek, Tempe, Sun City, Apache Junction, and Casa Grande. We serve the counties of Maricopa, Yavapai, Gila, Pinal, La Paz, Yuma, and Pima County.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
The Law Office of Joseph Velez
Employment Attorney
7150 E. Camelback Rd., Suite 200
Scottsdale, Arizona 85251
480.710.5079
Arizona’s unemployment law is based on the concept that involuntary unemployment “is a serious menace to the health, morals and welfare of the people of the state.” The law is accordingly designed to provide temporary, limited compensation to persons unemployed through no fault of their own.
The main purpose of the unemployment program is to provide time for the worker to find a new job without financial hardship. An individual who leaves work voluntarily without “good cause” is generally disqualified from unemployment benefits. However, an individual who quits for compelling personal reasons such as discrimination, harassment etc., is eligible for unemployment benefits. Regular benefit are paid for a maximum period of 99 weeks (but no more than 1/3 of the individual’s base period earnings). Presently the maximum amount allowable per week is $265.00.
The basic principle of unemployment law is that anyone who has recently become no longer employed has the ability to receive unemployment benefits. This is true unless they are disqualified for one of the following reasons. If an individual delays filing their initial claim with DES, their benefits may be delayed and they will not be paid past wages. Some individuals who are enrolled in a DES approved training course or that work for a labor union are exempt from the job service registration requirements. The individual filing for unemployment benefits must be able to and available for work.
Unemployment benefits may be revoked due to misconduct, such as failure to accept suitable benefits, determination of deputy, or failure to take/ pass drug or alcohol tests. An individual will not be considered unemployed if the individual is receiving wages in lieu of notice, dismissal pay or severance pay and the individual will be ineligible for benefits for the period of time to which the pay is allocable.
The Arizona unemployment laws, which are administered by the Department of Economic Security (DES), generally apply to all employers in the State of Arizona. With certain limited exemptions, the laws benefit “any individual who performs services for an employing unit and who is subject to the direction, rule or control of the employing unit as to both the method of performing or executing the services and the result to be effected or accomplished...” Independent contractors are expressly excluded from coverage.
There are numerous requirements and deadlines that must be met in order to be entitled to unemployment benefits. It is important to note that these deadlines are counted in calendar days not working or business days. Having an experienced lawyer to ensure all requirements are met can make receiving unemployment benefits much simpler and less stressful on you. It is also important to understand that even though you may feel that you have a very straight forward unemployment matter, up to 99 weeks of unemployment benefits are at stake. It is wise to seek help from an experienced unemployment attorney to ensure you will receive the maximum amount of benefits for your situation. If you feel you have an unemployment issue and would like to seek counsel, contact Joseph Velez.
