Wage Claims

questions & answers

Question: What are my rights to wage claims after being terminated by an employer?

Answer:

Arizona law provides that generally when an employee is terminated from his/her job with an employer, he or she must be paid wages due that person within three working days or the end of the next regular pay period, whichever is sooner. (A.R.S. § 23-353). (For termination from a school district, the time period is ten calendar days.) If an employer, in violation of Arizona law, fails to pay wages due any employee, the employee may recover in a civil court action against an employer or former employer an amount which is three times the amount of the unpaid wages. (A.R.S. § 23-355).

Another alternative to going to court is for the employee to file a written claim with the labor department of the industrial commission of Arizona against the employer for the unpaid wages if that amount is under $2500.00. This claim must be filed within one year of the wages being owed. The department may, on behalf of the employee, or the employee may obtain a judgment against the employer for the collection of the unpaid wages. The law also provides options for collection from the employer. (A.R.S. § 23-356). Please be advised that both a claim with the industrial commission and a lawsuit must be filed within a year. For more information on wages and wage claims, including forms, visit the Arizona Industrial Commission on line.