AzBL Official Blog
May 27, 2025
Using a probationary period for employees is a common practice in many businesses. Employers see it as an opportunity to evaluate new hires before “committing” to their long-term employment. Employers establish a period of time to give a newly hired employee a chance to prove his skill, value, and reliability. However, probationary periods come with their own set of pitfalls that can lead to legal disputes, confusion, and unintended consequences, especially when they are not properly defined or managed. Prior to implementing probationary periods, ask yourself, what is the difference between terminating an employee during versus after a probationary period? Understanding Probationary Periods A probationary period is typically a set amount of time—generally 90 days—during which an employer evaluates a new employee's performance, behavior, and overall fit for the position. The idea is that the employer can terminate the employee more easily during this period if things don’t work out. While this seems straightforward, there are several common misconceptions and legal risks that can arise from the use of probationary periods, if not properly utilized. Common Pitfalls of Using a Probationary Period. False Sense of Protection for Employers. One of the biggest misconceptions is that the probationary period gives employers more leeway to terminate employees without cause or consequence. However, Arizona is an “at-will” employment state, meaning that employers can terminate employees at any time, for any reason, as long as it’s not an illegal reason. This at-will nature applies regardless of whether the employee is within his probationary period or a long-term employee. Therefore, an employee can file a wrongful termination lawsuit if he believes the termination was due to an unlawful reason, even if the employee was terminated during the probationary period. Miscommunication of Expectations. Another common issue with probationary periods is the lack of clear communication about what success looks like during this time. If an employer doesn’t provide a clear set of performance expectations and regular feedback, an employee may not fully understand why he is being let go at the end of the probationary period. Employers implementing probationary periods should take care to establish clear performance metrics for new hires during this period. Without objective criteria, terminations can appear arbitrary or without merit, leaving the employer open to claims of wrongful discharge. Furthermore, an employee might perceive his performance as satisfactory if there is no ongoing feedback. If termination is based on conduct (attendance, etc.), rather than performance during this period, maintaining an open line of communication that his attendance is not as expected is also incredibly important, so the termination does not come as a surprise. Implied Contractual Obligations. Employers who use probationary periods run the risk of inadvertently creating an implied contract. If the employer explicitly states or implies that an employee will be guaranteed employment after successfully completing the probationary period, it may unintentionally limit the ability to terminate the employee later. This can lead to disputes if an employee completes the probationary period, only to be terminated soon after. In such cases, the employee may argue that the probationary period created an expectation of continued employment, giving rise to an implied contract. If a probationary period is used, employers should expressly state that the end of the probationary period does not change the employee’s at-will status. Inconsistent Application. Another issue arises when probationary periods are applied inconsistently across the workforce. If some employees are subjected to a probationary period while others in similar roles are not, this inconsistency can be perceived as discriminatory or unfair, potentially resulting in disparate treatment claims. Best Practices. Employers should first consider discarding their use of probationary periods altogether. If there is no difference between how an employer terminates an employee on a probationary period to a long-term employee, there really is no reason to create this expectation by establishing a probationary period. After this consideration, employers who decide to use probationary periods should define clear performance metrics and behavior expectations for newly hired employees. Clearly communicate those metrics and expectations, providing probationary employees with regular feedback as to whether those metrics and expectations are being met. Document the feedback to support any later termination decisions at the end of the probationary period. When the probationary period ends, employers should take care not to use language that implies guaranteed employment, removing the at-will employment status. Jodi R. Bohr is a shareholder with Tiffany & Bosco, P.A., and a contributor to Arizona Employment Law Letter. She practices employment and labor law, with an emphasis on counseling employers on HR matters, litigation, and workplace investigations. She may be reached at jrb@tblaw.com or 602-255-6082.
April 21, 2025
I grew up in a household where my father made all decisions about money (also a career banker) because he earned it. My mom never worked; I observed the dynamics of their relationship and learned a lot from it. My mom was never educated about the family finances and had a tendency to overspend. This created a lot of stress in their relationship and in our house. I watched her ask permission to buy things which bothered me, as an independent person. What I took away from this (right or wrong) is that I always wanted to have my own income source and actively participate in financial decisions that affected me, so that I didn’t have to ask permission for things I wanted or needed in my life. I also had empathy for my mom, who didn’t know anything about finances, and was never taught about it in her childhood. Having spent over 30 years of my career in Private Banking and working with wealthy individuals and their families, I have seen many women in these households be extremely out of the loop of their family’s finances as a family. This resonates with me as a result of my adolescent experiences. It has led to my belief that women should take an active role in finances that impact their lives and should take control of their own situations. This empowers women to make better choices, have independence, and be meaningful role models for the younger generation - which impacts the broader community. Financial literacy, especially for women, has become my passion as a result of my experiences. To feed my passion, a few years ago I began to seek out a local nonprofit that worked with underprivileged women. I found Live and Learn, a 501c3 nonprofit in Phoenix, AZ and liked their program because it required accountability. Their clients have to take several financial education classes throughout the year and keep budgets. We agreed that I could offer a series of financial webinars including “Creating a Healthy Relationship with Money”, “Budgeting 101”, and a “Car Buying Workshop”. For the last 2 years, I’ve had the monthly privilege of working with and educating hundreds of women on these subjects. I have found it so rewarding! Financial stress, as a result of not understanding, is one of the leading causes of anxiety. Helping women gain confidence and peace of mind in their financial knowledge is my goal. I hope to normalize wealth-building for women through basic financial skills that can be applied to real-life choices and situations. I also want to make financial education accessible, relatable, and non-intimidating by creating an open environment for discussion and questions. Some key takeaways I typically share with these clients: No matter how much money people have, they can still have financial stress (it’s all about knowing your income/expenses and staying within those boundaries). Work to reduce debt as much as possible, even if it means living frugally. Plan for the future – save, invest as much as you can. Try to cut overspending on things like subscriptions, coffee, online shopping, etc. 33% of Americans spend more on coffee than they do on savings! Background: Kathy Wills brings over three decades of sales, marketing, management, and financial advisory experience to the banking industry. Kathy is a producing manager with her own portfolio of Private Banking clients serving in business development and also as an advisor to high net worth clients structuring complex credits and asset management strategies, and is a member of the bank’s Wealth Management Board. Kathy has been with MidFirst Bank for over 17 years and was previously with Compass Bank and Bank One (now JP Morgan) for the 15 years prior in Commercial Real Estate and Private Banking. She holds a Bachelor of Arts degree from the University of Arizona and an MBA from the University of Phoenix. She is actively involved - serving on various non-profit boards and volunteering in her community. She has been a member of AZ Business Leadership for over 20 years and is a past President. Written By: Kathy Wills, AZ Managing Director – Private Banking, MidFirst Bank
March 24, 2025
Key Stats, Challenges, and Solutions for the Year Ahead In 2025, Arizona’s healthcare system is facing some big problems. There aren’t enough doctors, nurses, or other health workers to help everyone who needs care. This makes it harder for people to see a doctor, especially in small towns and rural areas. In some places, there aren’t any doctors at all. For example, there are areas where over 5,000 people share just one doctor—or none at all. Nurses, dentists, and mental health professionals are also in short supply.
January 13, 2025
While the number of employment laws Arizona employers are required to follow has steadily increased over the years, employment in Arizona remains largely policy based. This means that employment handbooks are critical to managing employee expectations, establishing performance and behavior standards, and protecting employers from legal liabilities. However, many handbooks fall short of their intended purpose due to common mistakes that can lead to confusion, legal issues, and a disengaged workforce. Employers should review their handbooks at least once a year to make sure policies remain current, comply with existing and new laws, and that policies are being consistently implemented as written. What are some of the common handbook mistakes Arizona employers make? Non-compliance with Arizona’s Sick Leave Law. Arizona’s Fair Wages and Healthy Families Act (the “Act”), which went into effect in 2017, requires employers to provide paid sick leave to employees. Under this law, all Arizona employers must offer paid sick leave to their Arizona employees. Despite the law being in place for several years, many handbooks still fail to clearly outline a policy that complies with the Act. Common Mistake : Employers either neglect to mention paid sick leave entirely or include language that doesn’t align with the Act. This oversight can lead to confusion among employees and potential legal penalties for non-compliance. Solution : Arizona employers need to ensure that their handbooks include a dedicated section for paid sick leave that aligns with the Act. Employers should review their policy to make sure it specifies how leave is accrued, under what circumstances and when sick leave may be used; and how employees should inform employers of their need for leave. Also, confirm that the oft omitted (yet required) anti-retaliation provision is included in the policy. Vague Anti-Harassment and Anti-Discrimination Policies. Workplace harassment and discrimination are serious issues, and employers must have clear policies in place to address and prevent them. However, many handbooks fail to provide sufficient detail on what constitutes harassment or discrimination and how complaints will be handled. Common Mistake : Employers often use vague language, such as stating that harassment or discrimination will not be tolerated without explaining what specific behaviors or actions fall under those categories. Many policies focus only on sexual harassment and ignore that harassment and discrimination come in many other forms (e.g., race and disability). Additionally, handbooks may lack clear reporting procedures or fail to assure employees that their complaints will be taken seriously and properly handled. Solution : Handbooks should include a comprehensive anti-harassment and anti-discrimination policy that defines key terms and provides examples of unacceptable behavior. The policy should also detail how employees can report incidents, specify who within the organization will handle complaints, and outline the investigation process. Employers should reinforce that retaliation for reporting is prohibited and ensure that all employees understand their rights and responsibilities. Employers should also clarify how to request a disability accommodation and explain the interactive process. Ignoring Arizona's Marijuana Laws. Arizona legalized medical marijuana in 2010 and recreational marijuana in 2020. These statutes create unique challenges for employers, particularly when it comes to drug testing and workplace safety policies. Common Mistake: Employers often fail to acknowledge the protections created by the Arizona Medical Marijuana Act, take an overly rigid stance that can be deemed discriminatory, or outright fail to maintain a drug testing policy when implementing testing in the workplace. For example, some handbooks include zero-tolerance drug policies that do not acknowledge that employees who are medical marijuana cardholders are entitled to certain protections regarding marijuana use outside of work hours. Solution: Employers should create clear and balanced drug and alcohol policies and outline the circumstances in which testing will be required. While businesses can still prohibit impairment and the use of marijuana at work, the policy should acknowledge that medical marijuana cardholders will not be discriminated against for use outside of work. Employers should also consider providing guidelines about what constitutes impairment on the job and requirements for documenting impairment prior to sending someone for testing. Takeaway. Space limitations resulted in other common mistakes such as overly restrictive social media policies, and ignoring other key federal, state and local requirements from not being included. While creating and maintaining a compliant employee handbook in Arizona is no easy feat, even small employers should implement a comprehensive handbook to avoid legal headaches and help foster a positive work environment. A well-crafted handbook can serve as a valuable tool for fostering a positive work environment, promoting clear communication, and protecting the interests of both the organization and its employees. Jodi R. Bohr is a shareholder with Tiffany & Bosco, P.A., and a contributor to Arizona Employment Law Letter. She practices employment and labor law, with an emphasis on counseling employers on HR matters, litigation, and workplace investigations. She may be reached at jrb@tblaw.com or 602-255-6082.
December 16, 2024
“One school, one vision, together we are on a mission!” Picture a school cafeteria full of bright, smiling children, chanting this phrase over and over with teachers and staff. Feel the energy, enthusiasm and passion in their voices. This is the chant that CASA Academy students say every morning to start their day, and it reminds staff and students of our collective goal – preparing our students, who we call scholars, for college. I founded CASA Academy, a nonprofit, free, public charter school in 2014. CASA Academy serves 395 kindergarten through seventh grade students in the Phoenix Metro area. 98% of CASA Academy scholars are on Free and Reduced-Price Lunch and 71% are English Language Learners. Many of our scholars are refugees and some live in overcrowded housing, sometimes with up to 15 people in a one-bedroom apartment. Many of our scholars don’t have enough food to eat at home, some have had significant trauma in their lives, and some scholars are even homeless. The challenges many of our scholars face on a daily basis are heart-wrenching. This is why at CASA, we focus not only on academics but on cultivating the character that our scholars need to overcome challenges and to be authentically kind, caring, and compassionate individuals. We teach our scholars that they need to believe in themselves, that if they don’t know how to do something, they don’t know how to do it yet, that it’s okay to make mistakes, and that showing integrity and perseverance in the face of challenges matters. When scholars enter our campus, they are entering an atmosphere where they are safe, valued, respected, and loved. Leading CASA Academy has been both a challenge and privilege, teaching me lessons that have cultivated much growth along the way. Here I’ll share the most critical insights I’ve gained, ones that I believe can benefit any leader aiming to make a difference. 1. Build a strong, mission-aligned leadership team. Your leadership team matters. I am fortunate to lead alongside a team of mission-aligned individuals who will do whatever it takes to meet our mission and give our scholars the education they deserve. Four of the members of our leadership team are founding staff members who have been with us since the very beginning. Other members of our leadership team have been intentionally vetted to ensure we are choosing the right people to lead and model what we expect. Amongst our leadership team, our biggest strength is the level of trust we have in one another. When we come together in our weekly meetings we engage in difficult conversations, we debate a variety of challenging problems and how to best solve them, and as we make decisions together, we know our decisions have the backing of the full team. 2. Stay focused on your strategic goals and vision. It is incredibly easy to be side-tracked from the big picture work that takes intentional thought, energy, and focus. There is always something urgent – a challenge, a crisis of some kind – to manage. But when you live in the urgent, you remain in the urgent and never move your organization forward. Over the past several years, I have learned to ask myself whether something fits with our strategic priorities, and if it doesn’t, I intentionally choose to set it aside or to delegate it. I have learned the importance of hiring individuals who can manage the day-to-day items that will inevitably pop up so that our leadership team’s time can stay focused on the big picture. You can’t do everything, and you certainly can’t do everything well. Stay focused on what matters. 3. Hold others accountable. In my time at CASA, I have learned to be direct, deliberate, and intentional with my wording and expectations. I give praise, love, and support, and I also call people out directly when they haven’t met the bar. I have learned that holding accountability for others is a form of love, and it is only in holding that accountability that we will achieve our mission. With accountability, strong results are possible for our scholars. Serving our scholars and community over the past eleven years has been both an honor and a journey filled with meaningful lessons. Through strong committed leadership, unwavering focus, and bold accountability, we have helped shape the future for our scholars. To everyone who leads, lead with purpose, stay focused on what matters most, and hold accountability for the results you seek – our future will be brighter because of it. Written By: Tacey Clayton Cundy, Co-Founder, CEO: CASA Academy
May 27, 2025
Using a probationary period for employees is a common practice in many businesses. Employers see it as an opportunity to evaluate new hires before “committing” to their long-term employment. Employers establish a period of time to give a newly hired employee a chance to prove his skill, value, and reliability. However, probationary periods come with their own set of pitfalls that can lead to legal disputes, confusion, and unintended consequences, especially when they are not properly defined or managed. Prior to implementing probationary periods, ask yourself, what is the difference between terminating an employee during versus after a probationary period? Understanding Probationary Periods A probationary period is typically a set amount of time—generally 90 days—during which an employer evaluates a new employee's performance, behavior, and overall fit for the position. The idea is that the employer can terminate the employee more easily during this period if things don’t work out. While this seems straightforward, there are several common misconceptions and legal risks that can arise from the use of probationary periods, if not properly utilized. Common Pitfalls of Using a Probationary Period. False Sense of Protection for Employers. One of the biggest misconceptions is that the probationary period gives employers more leeway to terminate employees without cause or consequence. However, Arizona is an “at-will” employment state, meaning that employers can terminate employees at any time, for any reason, as long as it’s not an illegal reason. This at-will nature applies regardless of whether the employee is within his probationary period or a long-term employee. Therefore, an employee can file a wrongful termination lawsuit if he believes the termination was due to an unlawful reason, even if the employee was terminated during the probationary period. Miscommunication of Expectations. Another common issue with probationary periods is the lack of clear communication about what success looks like during this time. If an employer doesn’t provide a clear set of performance expectations and regular feedback, an employee may not fully understand why he is being let go at the end of the probationary period. Employers implementing probationary periods should take care to establish clear performance metrics for new hires during this period. Without objective criteria, terminations can appear arbitrary or without merit, leaving the employer open to claims of wrongful discharge. Furthermore, an employee might perceive his performance as satisfactory if there is no ongoing feedback. If termination is based on conduct (attendance, etc.), rather than performance during this period, maintaining an open line of communication that his attendance is not as expected is also incredibly important, so the termination does not come as a surprise. Implied Contractual Obligations. Employers who use probationary periods run the risk of inadvertently creating an implied contract. If the employer explicitly states or implies that an employee will be guaranteed employment after successfully completing the probationary period, it may unintentionally limit the ability to terminate the employee later. This can lead to disputes if an employee completes the probationary period, only to be terminated soon after. In such cases, the employee may argue that the probationary period created an expectation of continued employment, giving rise to an implied contract. If a probationary period is used, employers should expressly state that the end of the probationary period does not change the employee’s at-will status. Inconsistent Application. Another issue arises when probationary periods are applied inconsistently across the workforce. If some employees are subjected to a probationary period while others in similar roles are not, this inconsistency can be perceived as discriminatory or unfair, potentially resulting in disparate treatment claims. Best Practices. Employers should first consider discarding their use of probationary periods altogether. If there is no difference between how an employer terminates an employee on a probationary period to a long-term employee, there really is no reason to create this expectation by establishing a probationary period. After this consideration, employers who decide to use probationary periods should define clear performance metrics and behavior expectations for newly hired employees. Clearly communicate those metrics and expectations, providing probationary employees with regular feedback as to whether those metrics and expectations are being met. Document the feedback to support any later termination decisions at the end of the probationary period. When the probationary period ends, employers should take care not to use language that implies guaranteed employment, removing the at-will employment status. Jodi R. Bohr is a shareholder with Tiffany & Bosco, P.A., and a contributor to Arizona Employment Law Letter. She practices employment and labor law, with an emphasis on counseling employers on HR matters, litigation, and workplace investigations. She may be reached at jrb@tblaw.com or 602-255-6082.
April 21, 2025
I grew up in a household where my father made all decisions about money (also a career banker) because he earned it. My mom never worked; I observed the dynamics of their relationship and learned a lot from it. My mom was never educated about the family finances and had a tendency to overspend. This created a lot of stress in their relationship and in our house. I watched her ask permission to buy things which bothered me, as an independent person. What I took away from this (right or wrong) is that I always wanted to have my own income source and actively participate in financial decisions that affected me, so that I didn’t have to ask permission for things I wanted or needed in my life. I also had empathy for my mom, who didn’t know anything about finances, and was never taught about it in her childhood. Having spent over 30 years of my career in Private Banking and working with wealthy individuals and their families, I have seen many women in these households be extremely out of the loop of their family’s finances as a family. This resonates with me as a result of my adolescent experiences. It has led to my belief that women should take an active role in finances that impact their lives and should take control of their own situations. This empowers women to make better choices, have independence, and be meaningful role models for the younger generation - which impacts the broader community. Financial literacy, especially for women, has become my passion as a result of my experiences. To feed my passion, a few years ago I began to seek out a local nonprofit that worked with underprivileged women. I found Live and Learn, a 501c3 nonprofit in Phoenix, AZ and liked their program because it required accountability. Their clients have to take several financial education classes throughout the year and keep budgets. We agreed that I could offer a series of financial webinars including “Creating a Healthy Relationship with Money”, “Budgeting 101”, and a “Car Buying Workshop”. For the last 2 years, I’ve had the monthly privilege of working with and educating hundreds of women on these subjects. I have found it so rewarding! Financial stress, as a result of not understanding, is one of the leading causes of anxiety. Helping women gain confidence and peace of mind in their financial knowledge is my goal. I hope to normalize wealth-building for women through basic financial skills that can be applied to real-life choices and situations. I also want to make financial education accessible, relatable, and non-intimidating by creating an open environment for discussion and questions. Some key takeaways I typically share with these clients: No matter how much money people have, they can still have financial stress (it’s all about knowing your income/expenses and staying within those boundaries). Work to reduce debt as much as possible, even if it means living frugally. Plan for the future – save, invest as much as you can. Try to cut overspending on things like subscriptions, coffee, online shopping, etc. 33% of Americans spend more on coffee than they do on savings! Background: Kathy Wills brings over three decades of sales, marketing, management, and financial advisory experience to the banking industry. Kathy is a producing manager with her own portfolio of Private Banking clients serving in business development and also as an advisor to high net worth clients structuring complex credits and asset management strategies, and is a member of the bank’s Wealth Management Board. Kathy has been with MidFirst Bank for over 17 years and was previously with Compass Bank and Bank One (now JP Morgan) for the 15 years prior in Commercial Real Estate and Private Banking. She holds a Bachelor of Arts degree from the University of Arizona and an MBA from the University of Phoenix. She is actively involved - serving on various non-profit boards and volunteering in her community. She has been a member of AZ Business Leadership for over 20 years and is a past President. Written By: Kathy Wills, AZ Managing Director – Private Banking, MidFirst Bank
March 24, 2025
Key Stats, Challenges, and Solutions for the Year Ahead In 2025, Arizona’s healthcare system is facing some big problems. There aren’t enough doctors, nurses, or other health workers to help everyone who needs care. This makes it harder for people to see a doctor, especially in small towns and rural areas. In some places, there aren’t any doctors at all. For example, there are areas where over 5,000 people share just one doctor—or none at all. Nurses, dentists, and mental health professionals are also in short supply.
January 13, 2025
While the number of employment laws Arizona employers are required to follow has steadily increased over the years, employment in Arizona remains largely policy based. This means that employment handbooks are critical to managing employee expectations, establishing performance and behavior standards, and protecting employers from legal liabilities. However, many handbooks fall short of their intended purpose due to common mistakes that can lead to confusion, legal issues, and a disengaged workforce. Employers should review their handbooks at least once a year to make sure policies remain current, comply with existing and new laws, and that policies are being consistently implemented as written. What are some of the common handbook mistakes Arizona employers make? Non-compliance with Arizona’s Sick Leave Law. Arizona’s Fair Wages and Healthy Families Act (the “Act”), which went into effect in 2017, requires employers to provide paid sick leave to employees. Under this law, all Arizona employers must offer paid sick leave to their Arizona employees. Despite the law being in place for several years, many handbooks still fail to clearly outline a policy that complies with the Act. Common Mistake : Employers either neglect to mention paid sick leave entirely or include language that doesn’t align with the Act. This oversight can lead to confusion among employees and potential legal penalties for non-compliance. Solution : Arizona employers need to ensure that their handbooks include a dedicated section for paid sick leave that aligns with the Act. Employers should review their policy to make sure it specifies how leave is accrued, under what circumstances and when sick leave may be used; and how employees should inform employers of their need for leave. Also, confirm that the oft omitted (yet required) anti-retaliation provision is included in the policy. Vague Anti-Harassment and Anti-Discrimination Policies. Workplace harassment and discrimination are serious issues, and employers must have clear policies in place to address and prevent them. However, many handbooks fail to provide sufficient detail on what constitutes harassment or discrimination and how complaints will be handled. Common Mistake : Employers often use vague language, such as stating that harassment or discrimination will not be tolerated without explaining what specific behaviors or actions fall under those categories. Many policies focus only on sexual harassment and ignore that harassment and discrimination come in many other forms (e.g., race and disability). Additionally, handbooks may lack clear reporting procedures or fail to assure employees that their complaints will be taken seriously and properly handled. Solution : Handbooks should include a comprehensive anti-harassment and anti-discrimination policy that defines key terms and provides examples of unacceptable behavior. The policy should also detail how employees can report incidents, specify who within the organization will handle complaints, and outline the investigation process. Employers should reinforce that retaliation for reporting is prohibited and ensure that all employees understand their rights and responsibilities. Employers should also clarify how to request a disability accommodation and explain the interactive process. Ignoring Arizona's Marijuana Laws. Arizona legalized medical marijuana in 2010 and recreational marijuana in 2020. These statutes create unique challenges for employers, particularly when it comes to drug testing and workplace safety policies. Common Mistake: Employers often fail to acknowledge the protections created by the Arizona Medical Marijuana Act, take an overly rigid stance that can be deemed discriminatory, or outright fail to maintain a drug testing policy when implementing testing in the workplace. For example, some handbooks include zero-tolerance drug policies that do not acknowledge that employees who are medical marijuana cardholders are entitled to certain protections regarding marijuana use outside of work hours. Solution: Employers should create clear and balanced drug and alcohol policies and outline the circumstances in which testing will be required. While businesses can still prohibit impairment and the use of marijuana at work, the policy should acknowledge that medical marijuana cardholders will not be discriminated against for use outside of work. Employers should also consider providing guidelines about what constitutes impairment on the job and requirements for documenting impairment prior to sending someone for testing. Takeaway. Space limitations resulted in other common mistakes such as overly restrictive social media policies, and ignoring other key federal, state and local requirements from not being included. While creating and maintaining a compliant employee handbook in Arizona is no easy feat, even small employers should implement a comprehensive handbook to avoid legal headaches and help foster a positive work environment. A well-crafted handbook can serve as a valuable tool for fostering a positive work environment, promoting clear communication, and protecting the interests of both the organization and its employees. Jodi R. Bohr is a shareholder with Tiffany & Bosco, P.A., and a contributor to Arizona Employment Law Letter. She practices employment and labor law, with an emphasis on counseling employers on HR matters, litigation, and workplace investigations. She may be reached at jrb@tblaw.com or 602-255-6082.
December 16, 2024
“One school, one vision, together we are on a mission!” Picture a school cafeteria full of bright, smiling children, chanting this phrase over and over with teachers and staff. Feel the energy, enthusiasm and passion in their voices. This is the chant that CASA Academy students say every morning to start their day, and it reminds staff and students of our collective goal – preparing our students, who we call scholars, for college. I founded CASA Academy, a nonprofit, free, public charter school in 2014. CASA Academy serves 395 kindergarten through seventh grade students in the Phoenix Metro area. 98% of CASA Academy scholars are on Free and Reduced-Price Lunch and 71% are English Language Learners. Many of our scholars are refugees and some live in overcrowded housing, sometimes with up to 15 people in a one-bedroom apartment. Many of our scholars don’t have enough food to eat at home, some have had significant trauma in their lives, and some scholars are even homeless. The challenges many of our scholars face on a daily basis are heart-wrenching. This is why at CASA, we focus not only on academics but on cultivating the character that our scholars need to overcome challenges and to be authentically kind, caring, and compassionate individuals. We teach our scholars that they need to believe in themselves, that if they don’t know how to do something, they don’t know how to do it yet, that it’s okay to make mistakes, and that showing integrity and perseverance in the face of challenges matters. When scholars enter our campus, they are entering an atmosphere where they are safe, valued, respected, and loved. Leading CASA Academy has been both a challenge and privilege, teaching me lessons that have cultivated much growth along the way. Here I’ll share the most critical insights I’ve gained, ones that I believe can benefit any leader aiming to make a difference. 1. Build a strong, mission-aligned leadership team. Your leadership team matters. I am fortunate to lead alongside a team of mission-aligned individuals who will do whatever it takes to meet our mission and give our scholars the education they deserve. Four of the members of our leadership team are founding staff members who have been with us since the very beginning. Other members of our leadership team have been intentionally vetted to ensure we are choosing the right people to lead and model what we expect. Amongst our leadership team, our biggest strength is the level of trust we have in one another. When we come together in our weekly meetings we engage in difficult conversations, we debate a variety of challenging problems and how to best solve them, and as we make decisions together, we know our decisions have the backing of the full team. 2. Stay focused on your strategic goals and vision. It is incredibly easy to be side-tracked from the big picture work that takes intentional thought, energy, and focus. There is always something urgent – a challenge, a crisis of some kind – to manage. But when you live in the urgent, you remain in the urgent and never move your organization forward. Over the past several years, I have learned to ask myself whether something fits with our strategic priorities, and if it doesn’t, I intentionally choose to set it aside or to delegate it. I have learned the importance of hiring individuals who can manage the day-to-day items that will inevitably pop up so that our leadership team’s time can stay focused on the big picture. You can’t do everything, and you certainly can’t do everything well. Stay focused on what matters. 3. Hold others accountable. In my time at CASA, I have learned to be direct, deliberate, and intentional with my wording and expectations. I give praise, love, and support, and I also call people out directly when they haven’t met the bar. I have learned that holding accountability for others is a form of love, and it is only in holding that accountability that we will achieve our mission. With accountability, strong results are possible for our scholars. Serving our scholars and community over the past eleven years has been both an honor and a journey filled with meaningful lessons. Through strong committed leadership, unwavering focus, and bold accountability, we have helped shape the future for our scholars. To everyone who leads, lead with purpose, stay focused on what matters most, and hold accountability for the results you seek – our future will be brighter because of it. Written By: Tacey Clayton Cundy, Co-Founder, CEO: CASA Academy
Recent Blog Posts
May 27, 2025
Using a probationary period for employees is a common practice in many businesses. Employers see it as an opportunity to evaluate new hires before “committing” to their long-term employment. Employers establish a period of time to give a newly hired employee a chance to prove his skill, value, and reliability. However, probationary periods come with their own set of pitfalls that can lead to legal disputes, confusion, and unintended consequences, especially when they are not properly defined or managed. Prior to implementing probationary periods, ask yourself, what is the difference between terminating an employee during versus after a probationary period? Understanding Probationary Periods A probationary period is typically a set amount of time—generally 90 days—during which an employer evaluates a new employee's performance, behavior, and overall fit for the position. The idea is that the employer can terminate the employee more easily during this period if things don’t work out. While this seems straightforward, there are several common misconceptions and legal risks that can arise from the use of probationary periods, if not properly utilized. Common Pitfalls of Using a Probationary Period. False Sense of Protection for Employers. One of the biggest misconceptions is that the probationary period gives employers more leeway to terminate employees without cause or consequence. However, Arizona is an “at-will” employment state, meaning that employers can terminate employees at any time, for any reason, as long as it’s not an illegal reason. This at-will nature applies regardless of whether the employee is within his probationary period or a long-term employee. Therefore, an employee can file a wrongful termination lawsuit if he believes the termination was due to an unlawful reason, even if the employee was terminated during the probationary period. Miscommunication of Expectations. Another common issue with probationary periods is the lack of clear communication about what success looks like during this time. If an employer doesn’t provide a clear set of performance expectations and regular feedback, an employee may not fully understand why he is being let go at the end of the probationary period. Employers implementing probationary periods should take care to establish clear performance metrics for new hires during this period. Without objective criteria, terminations can appear arbitrary or without merit, leaving the employer open to claims of wrongful discharge. Furthermore, an employee might perceive his performance as satisfactory if there is no ongoing feedback. If termination is based on conduct (attendance, etc.), rather than performance during this period, maintaining an open line of communication that his attendance is not as expected is also incredibly important, so the termination does not come as a surprise. Implied Contractual Obligations. Employers who use probationary periods run the risk of inadvertently creating an implied contract. If the employer explicitly states or implies that an employee will be guaranteed employment after successfully completing the probationary period, it may unintentionally limit the ability to terminate the employee later. This can lead to disputes if an employee completes the probationary period, only to be terminated soon after. In such cases, the employee may argue that the probationary period created an expectation of continued employment, giving rise to an implied contract. If a probationary period is used, employers should expressly state that the end of the probationary period does not change the employee’s at-will status. Inconsistent Application. Another issue arises when probationary periods are applied inconsistently across the workforce. If some employees are subjected to a probationary period while others in similar roles are not, this inconsistency can be perceived as discriminatory or unfair, potentially resulting in disparate treatment claims. Best Practices. Employers should first consider discarding their use of probationary periods altogether. If there is no difference between how an employer terminates an employee on a probationary period to a long-term employee, there really is no reason to create this expectation by establishing a probationary period. After this consideration, employers who decide to use probationary periods should define clear performance metrics and behavior expectations for newly hired employees. Clearly communicate those metrics and expectations, providing probationary employees with regular feedback as to whether those metrics and expectations are being met. Document the feedback to support any later termination decisions at the end of the probationary period. When the probationary period ends, employers should take care not to use language that implies guaranteed employment, removing the at-will employment status. Jodi R. Bohr is a shareholder with Tiffany & Bosco, P.A., and a contributor to Arizona Employment Law Letter. She practices employment and labor law, with an emphasis on counseling employers on HR matters, litigation, and workplace investigations. She may be reached at jrb@tblaw.com or 602-255-6082.
April 21, 2025
I grew up in a household where my father made all decisions about money (also a career banker) because he earned it. My mom never worked; I observed the dynamics of their relationship and learned a lot from it. My mom was never educated about the family finances and had a tendency to overspend. This created a lot of stress in their relationship and in our house. I watched her ask permission to buy things which bothered me, as an independent person. What I took away from this (right or wrong) is that I always wanted to have my own income source and actively participate in financial decisions that affected me, so that I didn’t have to ask permission for things I wanted or needed in my life. I also had empathy for my mom, who didn’t know anything about finances, and was never taught about it in her childhood. Having spent over 30 years of my career in Private Banking and working with wealthy individuals and their families, I have seen many women in these households be extremely out of the loop of their family’s finances as a family. This resonates with me as a result of my adolescent experiences. It has led to my belief that women should take an active role in finances that impact their lives and should take control of their own situations. This empowers women to make better choices, have independence, and be meaningful role models for the younger generation - which impacts the broader community. Financial literacy, especially for women, has become my passion as a result of my experiences. To feed my passion, a few years ago I began to seek out a local nonprofit that worked with underprivileged women. I found Live and Learn, a 501c3 nonprofit in Phoenix, AZ and liked their program because it required accountability. Their clients have to take several financial education classes throughout the year and keep budgets. We agreed that I could offer a series of financial webinars including “Creating a Healthy Relationship with Money”, “Budgeting 101”, and a “Car Buying Workshop”. For the last 2 years, I’ve had the monthly privilege of working with and educating hundreds of women on these subjects. I have found it so rewarding! Financial stress, as a result of not understanding, is one of the leading causes of anxiety. Helping women gain confidence and peace of mind in their financial knowledge is my goal. I hope to normalize wealth-building for women through basic financial skills that can be applied to real-life choices and situations. I also want to make financial education accessible, relatable, and non-intimidating by creating an open environment for discussion and questions. Some key takeaways I typically share with these clients: No matter how much money people have, they can still have financial stress (it’s all about knowing your income/expenses and staying within those boundaries). Work to reduce debt as much as possible, even if it means living frugally. Plan for the future – save, invest as much as you can. Try to cut overspending on things like subscriptions, coffee, online shopping, etc. 33% of Americans spend more on coffee than they do on savings! Background: Kathy Wills brings over three decades of sales, marketing, management, and financial advisory experience to the banking industry. Kathy is a producing manager with her own portfolio of Private Banking clients serving in business development and also as an advisor to high net worth clients structuring complex credits and asset management strategies, and is a member of the bank’s Wealth Management Board. Kathy has been with MidFirst Bank for over 17 years and was previously with Compass Bank and Bank One (now JP Morgan) for the 15 years prior in Commercial Real Estate and Private Banking. She holds a Bachelor of Arts degree from the University of Arizona and an MBA from the University of Phoenix. She is actively involved - serving on various non-profit boards and volunteering in her community. She has been a member of AZ Business Leadership for over 20 years and is a past President. Written By: Kathy Wills, AZ Managing Director – Private Banking, MidFirst Bank
March 24, 2025
Key Stats, Challenges, and Solutions for the Year Ahead In 2025, Arizona’s healthcare system is facing some big problems. There aren’t enough doctors, nurses, or other health workers to help everyone who needs care. This makes it harder for people to see a doctor, especially in small towns and rural areas. In some places, there aren’t any doctors at all. For example, there are areas where over 5,000 people share just one doctor—or none at all. Nurses, dentists, and mental health professionals are also in short supply.
January 13, 2025
While the number of employment laws Arizona employers are required to follow has steadily increased over the years, employment in Arizona remains largely policy based. This means that employment handbooks are critical to managing employee expectations, establishing performance and behavior standards, and protecting employers from legal liabilities. However, many handbooks fall short of their intended purpose due to common mistakes that can lead to confusion, legal issues, and a disengaged workforce. Employers should review their handbooks at least once a year to make sure policies remain current, comply with existing and new laws, and that policies are being consistently implemented as written. What are some of the common handbook mistakes Arizona employers make? Non-compliance with Arizona’s Sick Leave Law. Arizona’s Fair Wages and Healthy Families Act (the “Act”), which went into effect in 2017, requires employers to provide paid sick leave to employees. Under this law, all Arizona employers must offer paid sick leave to their Arizona employees. Despite the law being in place for several years, many handbooks still fail to clearly outline a policy that complies with the Act. Common Mistake : Employers either neglect to mention paid sick leave entirely or include language that doesn’t align with the Act. This oversight can lead to confusion among employees and potential legal penalties for non-compliance. Solution : Arizona employers need to ensure that their handbooks include a dedicated section for paid sick leave that aligns with the Act. Employers should review their policy to make sure it specifies how leave is accrued, under what circumstances and when sick leave may be used; and how employees should inform employers of their need for leave. Also, confirm that the oft omitted (yet required) anti-retaliation provision is included in the policy. Vague Anti-Harassment and Anti-Discrimination Policies. Workplace harassment and discrimination are serious issues, and employers must have clear policies in place to address and prevent them. However, many handbooks fail to provide sufficient detail on what constitutes harassment or discrimination and how complaints will be handled. Common Mistake : Employers often use vague language, such as stating that harassment or discrimination will not be tolerated without explaining what specific behaviors or actions fall under those categories. Many policies focus only on sexual harassment and ignore that harassment and discrimination come in many other forms (e.g., race and disability). Additionally, handbooks may lack clear reporting procedures or fail to assure employees that their complaints will be taken seriously and properly handled. Solution : Handbooks should include a comprehensive anti-harassment and anti-discrimination policy that defines key terms and provides examples of unacceptable behavior. The policy should also detail how employees can report incidents, specify who within the organization will handle complaints, and outline the investigation process. Employers should reinforce that retaliation for reporting is prohibited and ensure that all employees understand their rights and responsibilities. Employers should also clarify how to request a disability accommodation and explain the interactive process. Ignoring Arizona's Marijuana Laws. Arizona legalized medical marijuana in 2010 and recreational marijuana in 2020. These statutes create unique challenges for employers, particularly when it comes to drug testing and workplace safety policies. Common Mistake: Employers often fail to acknowledge the protections created by the Arizona Medical Marijuana Act, take an overly rigid stance that can be deemed discriminatory, or outright fail to maintain a drug testing policy when implementing testing in the workplace. For example, some handbooks include zero-tolerance drug policies that do not acknowledge that employees who are medical marijuana cardholders are entitled to certain protections regarding marijuana use outside of work hours. Solution: Employers should create clear and balanced drug and alcohol policies and outline the circumstances in which testing will be required. While businesses can still prohibit impairment and the use of marijuana at work, the policy should acknowledge that medical marijuana cardholders will not be discriminated against for use outside of work. Employers should also consider providing guidelines about what constitutes impairment on the job and requirements for documenting impairment prior to sending someone for testing. Takeaway. Space limitations resulted in other common mistakes such as overly restrictive social media policies, and ignoring other key federal, state and local requirements from not being included. While creating and maintaining a compliant employee handbook in Arizona is no easy feat, even small employers should implement a comprehensive handbook to avoid legal headaches and help foster a positive work environment. A well-crafted handbook can serve as a valuable tool for fostering a positive work environment, promoting clear communication, and protecting the interests of both the organization and its employees. Jodi R. Bohr is a shareholder with Tiffany & Bosco, P.A., and a contributor to Arizona Employment Law Letter. She practices employment and labor law, with an emphasis on counseling employers on HR matters, litigation, and workplace investigations. She may be reached at jrb@tblaw.com or 602-255-6082.
New Members
June 3, 2025
Hello, I am Tiffany LaVoie, a full-time student at Arizona State University where I am earning my Bachelor’s degree in Management through Barrett, The Honors College. I currently serve as a student leader, marketing manager, and aspiring entrepreneur - all roles that let me combine my passions for business, storytelling, and innovation. I also work part-time as a barista and marketing agent, which keeps me grounded, caffeinated, and connected to the pulse of my community. I am especially focused on launching a fashion brand that blends duality and self-expression, as well as preparing for law school with the goal of using this opportunity to obtain knowledge and help so many businesses and people. My professional interests lie at the intersection of strategy, communication, and impact. Whether I am developing content for campaigns, pitching in on student-run businesses, or helping peers feel more confident, I am energized by helping others bring their ideas to life. The biggest challenge? Balancing my drive for excellence with a packed schedule, but I have learned to see that as an opportunity to master time management, delegate, and lead with purpose. I have also been honored to participate in ASU’s Founders Lab program and hold leadership positions like Director of Operations for the Residential Hall Association, where I have organized events that encourage unplugging and emphasize real human connection. When I am not studying or creating, you will definitely find me lifting weights, filming more content, or dreaming up my next big idea. I am close with my family, especially my mom Tabatha, who is my role model and best friend. I believe in working hard, heeling deeply, and showing up authentically. I also love running, journaling, and painting Bob Ross videos. My interests are as layered as I am, and I believe that is what makes life, and business, beautiful. I was introduced to AzBL through a mentor and program that recognizes how much I thrive in collaborative environments. What drew me in was the opportunity to connect with other ambitious, big-hearted professionals who understand that business is about people, purpose, and possibility. I am very excited to learn from seasoned leaders while bringing in my own perspective and creative spark to the table. My hope is that through AzBL, I will not only grow professionally but also forge connections that last a lifetime.
April 28, 2025
Throughout my career, I have worked in a variety of roles, including accounting, finance, business development and leadership, and currently serve as a Managing Director at CX, a Connor Group company. CX specializes in delivering top-tier finance and accounting professionals on an interim basis. I support my company and clients by being a leader in business development, client engagement, and strategic initiatives. My passion and purpose are helping and inspiring others, which is why I enjoy where I work, because I get to do that every day! Prior to CX, I was a Managing Director at another professional services firm, where I managed business development, recruiting, marketing, and operations in Denver. During this time, I served clients across a variety of industries and provided leadership advisory support and accounting expertise to address strategic and operational priorities. Prior to that time, I managed corporate accounting functions and led projects involving restructuring, acquisitions, and financial reporting at a large natural gas processing company. I also directed SEC reporting and technical accounting research at a small public company in the technology sector. Earlier in my career, as a Senior Manager at a public accounting firm, I oversaw audit engagements for public and private entities. I currently serve as Vice Chair on the Board of Directors for Red Rocks Credit Union in Colorado. I have been married for seventeen years, and have two feline fur babies, Aspen and Fern. I am an avid endurance athlete, participating in mountain biking and running races, and triathlons, and enjoy spending my time outside in nature whenever possible! I was introduced to AzBL by Chris Lutes (thanks Chris!) and have truly enjoyed getting to know other members of the organization. I strongly align with the mission to support leaders in fostering growth, collaboration, and innovation. Being a life-long learner myself, I believe that people should never stop learning, and I actively seek out organizations that help its members become better individuals who can be better for everyone around them.
July 29, 2024
As a Commercial Lender for the past nearly 20 years I have had the pleasure of having worked in large National Banks, Regional Banks and even a De Novo Community Bank. But my passion has been as an “alternative finance” lender. Currently I am enjoying my position as VP of Sales and Marketing for an alternative lending company called Spectrum Commercial Finance, hich is a 30+ year old factoring and asset-based lending company out of Minneapolis. I am responsible for helping businesses acquire asset financing due to a cash flow issue creating a scenario which leaves them unbankable for a traditional line of credit. I work with the business from the point of introduction through underwriting and on boarding. I have an incredible back-office team which takes over from there. The greatest pleasure I get out of my work is helping business owners continue to grow and even bring new products to the market. An owner’s success brings me a lot of satisfaction. Other careers I have enjoyed have been a Home Economics Teacher, a Retail Banker, Title Sales, an Office Manager for a Wealth Management firm, a Residential Real Estate, and I even had a go at being a waitress. Waitressing was far from a life goal but being “discovered” by an executive from what was Bank One at the time is how I got my finance career started. I have an undergraduate degree in Marketing and a Masters of Education, both from Miami University of Ohio. I have held an AZ RE license, the AZ Life and Health license, and my Series 6 and 63. My proudest accomplishment is having raised to adulthood and financial independence, 3 daughters who live across the country and are busy raising my 6 grandchildren. I am thrilled to be a member of AzBL and I was introduced to the organization and was introduced over 10 years ago by the wonderful Mr. Bill Miller. My interest in joining is to be surrounded by a roomful of exceptional professionals and I am humbled to be part of this business community now.
July 29, 2024
I began my career at Goodmans over 25 years ago in an entry-level customer service position. Throughout the years, I have had numerous opportunities to grow and learn by exploring various roles, including Sales, General Management, Design Management, Construction Management, Project Management, and Operations Management. In 2016, I was appointed Chief Operating Officer for Goodmans. In this role, I have the privilege of supporting all employees across our Phoenix, Tucson, and Albuquerque locations as we expand our business and deliver exceptional customer experiences. I also serve on the Board of Directors for Goodmans’ non-profit initiative, Rooted in Good. This furniture repurposing program connects local 501(c)(3) nonprofit organizations with used and refurbished office furniture that would otherwise end up in a landfill. I am deeply passionate about helping people access quality education, believing it is the key to improving one's life circumstances. I am actively involved with Valley of the Sun United Way’s Women United Steering Committee and the Arizona State University Alumni Association Board and Council, both of which align with my commitment to education. Originally from the Midwest, I earned a Bachelor of Science in Economics from Millikin University. After marrying my soulmate, David, in the mid-90s, we relocated to the Valley of the Sun. While working at Goodmans, I pursued an Evening MBA program at Arizona State University, obtaining my MBA in 2004. We have one child, Ashley, who also attended ASU and currently lives and works in Phoenix. My leadership philosophy mirrors my approach to life: lead by example, support others, and encourage self-belief. I was honored by the Phoenix Business Journal as an Outstanding Woman in Business in 2019 and was a finalist for the Phoenix Chamber of Commerce Athena Award in 2023. Introduced to Arizona Business Leaders by Dr. Christine Wilkinson, I am thrilled about the opportunity to collaborate with other business leaders to improve our community. I look forward to serving on the education committee and contributing to its mission.
