Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
Workplace harassment.
Some employees find themselves in the following situation over and over, which often turns into some type of vicious cycle of losing a job over and over. They start a new job where things seem to be going well. After some time, they notice some kind of impropriety or violation at their workplace that might Read More …
Here is a fairly common scenario that we have been seen over and over again: An employee (let’s call her Maria), who is lately been under stress due to increased workload and/or various office frictions, goes out to lunch with her manager (let’s call him James), or that manger gives her a ride to a Read More …
It is well established that one of the strongest types of evidence of racial discrimination and racial harassment is racial slur. Frequent or pervasive workplace use of racial slurs resulting in an abusive work environment has been held to constitute to form a basis for racial harassment claim. (Aguilar v Avis Rent-a-Car Sys. (1999)). This is Read More …
The Sixth District Court of Appeal recently explained in Serri v. Santa Clara University (2014), that unlawful harassment consists of conduct which is not necessary to one’s job performance and is “presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives (citing Reno v. Baird (1998)) and “is distinguishable Read More …
I keep seeing how employees make the same easily avoidable mistakes when submitting discrimination or harassment complaints about a co-worker or a manager. If you are about to submit such a complaint to your management, makes sure that you avoid these common mistakes in order to maximize the chances of the employer actually helping you Read More …
Many, if not most harassment cases involve a he said / she said situation. You, the employee, claim that the employer did something or said something harassment or discriminatory, and the employer denies your version of what happened and provides a completely different version of the events (and of the reasons for your termination, if Read More …
Cal. Government Code section 12940(j)(1) prohibits harassment of an employee based on a physical disability or a medical condition. Harassment focuses on situations in which the social environment of the workplace becomes intolerable because the harassment (whether verbal, physical or visual) communicates an offensive message to the harassed employee. This includes disability harassment at work. Read More …
It is important that you follow a three simple rules when complaining about discrimination, harassment or retaliation that you believe you or your co-workers are being subjected to: 1. Complain in writing. Oral complaints are often forgot or misunderstood. You would also be surprised how often the employer denies the very fact that an employee Read More …
Sometimes, an employee who experiences harassment at work wants to report it to HR or to his higher management without having it investigated. An employee might even want to insist on keeping his issue with the alleged harasser between him/her and the manager to whom it was reported. It’s important, however, that you are aware Read More …
One common mistake that employees who deal with harassment and bullying in the workplace make is reacting with anger to the harasser/bully. They either lose temper, raise their voice and give the harasser a piece of their mind while yelling and screaming, or they threaten the bully openly or implicitly with violence, or they talk Read More …