[Download] "Crum V. Maricopa County" by Arizona Court of Appeals # eBook PDF Kindle ePub Free

eBook details

Title: Crum V. Maricopa County
Author : Arizona Court of Appeals
Release Date : January 18, 1997
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

Under Arizona law, an employer must pay a discharged employee wages due within three working days of discharge; if the employer fails to do so, the employee may recover treble the unpaid wages in a civil suit. See Ariz. Rev. Stat. Ann. ("A.R.S.") § 23-355 (1995). In this matter an employer inadvertently neglected to pay a discharged employee a portion of his wages. When informed of the oversight, the employer immediately sent the unpaid balance, which the employee received three working days later than they were statutorily obliged to be paid. The employee sued, and, on cross-motions for summary judgment, the trial court entered summary judgment for the employee, ruling that treble damages are mandatory under such circumstances. We reverse and remand for entry of summary judgment for the employer. We hold that treble damages under 23-355 are discretionary, not mandatory, and that an award of treble damages would be an abuse of discretion under the circumstances of this case.