Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
The term “reasonable” accommodation is a subject of frequent disputes and claims because it’s inherently vague. No bright line exists that would precisely guide employers and employees on how to determine which accommodations are considered reasonable. Further, when it comes to reasonable accommodations – the extent of the employees’ rights v employers’ obligations very much Read More …
Even though, generally being overweight is not considered a workplace disability, under ADA or FEHA (California Fair Employment and Housing Act), in some cases an obesity can be a protected disability. In Cassista v. Community Foods, Inc. (1993) 5 Cal.4th 1050, 1052, the California Supreme Court held “that weight may qualify as a protected ‘handicap’ or Read More …
The U.S. Equal Employment Opportunity Commission (EEOC) announced filing a lawsuit on July 19, 2017 against the Hershey Company for allegedly refusing to accommodate a disability and later firing a disabled employee. “Employers cannot ignore a request for a reasonable accommodation from an employee with a disability,” said Nancy Sienko, director of the EEOC’s Seattle Read More …
One of the most common types of questions we hear people ask over over and is this: Can I be fired while on medical leave / disability leave / after being injured at work or outside of work / if I am pregnant? The answer to this question has to be divided into two parts: Read More …
Here are specific ways in which you can enhance your wrongful termination case when you are terminated while on disability or medical leave in violation of ADA, FEHA, FMLA, CFRA or any other applicable law: 1. Obtain a letter from a doctor that states that you have been released to return to work with or Read More …
One of the common types of wrongful termination cases based on the employer’s violation of medical leave and disability laws is terminating an employee who is supposed to return to work at some future date after being out for several months or longer, and after extending his originally granted leave once or a few times. Read More …
The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit on Nov. 30, 2017 against Stevens Transport, a refrigerated trucking company, for allegedly violating the Americans with Disabilities Act (ADA). According to the EEOC, the company told a potential hire Bill Brown that they could not hire him due to a company policy that prevented the hiring of people with Read More …
Suppose you have been fired from your job while being on disability leave because of your serious medical condition. Around the time of your termination or shortly after you are certified as totally disabled – i.e. unable to perform any job indefinitely or forever. Let’s assume that you can prove that the reason for your Read More …
One of the situations you might find yourself in, after being off work due to extended medical leave / disability leave under ADA / FMLA, especially if you work for a State or County agency, is being presented with the so-call employers’s options letter by your HR department. In that letter, the employer will likely Read More …
One type of an accommodation that an employee with a qualifying disability in California may be entitled to is preferential reassignment to a different position that would accommodate that disability. This right has a tendency to “collide” with the employer’s rights with regard to disabled workers. Under the same law, the employers don’t have to Read More …