Sacramento Employment Lawyer | Arkady Itkin
Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
One of the reasons that an employer can legally deny a particular reasonable accommodation to an employee under ADA / FEHA is if providing that accommodation imposes an “undue hardship” on the employer’s operations. However, many employers misunderstand this legal term. They think that they simply can say that because it’s too hard or too Read More …
Plaintiff Joseph Snead worked as a custodian for the Chino Valley Unified School District for 16 years at an elementary school. In 2010, he sustained a back injury which prevented him from using ladders at work. He claimed that the use of the ladder was very rare and requested various accommodations for his back injury. Read More …
One of the most common disabilities that many administrative and clerical workers develop at workplace is carpal tunnel syndrome or tendinitis. This usually results from excessive and/or repetitive typing or other desk jobs that involve repetitive movement. The law recognizes the carpal tunnel syndrome is a disability entitling an employee to a reasonable accommodation, if available, under Read More …
A “no fault” attendance policy gives employees a certain number of days that they can miss or be late, which are also known as “occurrences” or “occasions” without facing discipline. When the number of such days reaches a certain level without a certain time period, the employee begins to incur disciplinary action, including write-ups, suspension Read More …
An employee who is out on disability leave may find himself in a position where on one hand he tells his employer than he is able or will shortly be able to return to work with accommodations. At the same time, the employee may apply for Social Security disability benefits while out on leave and Read More …
Sometimes an employer might argue that because an employee’s disability is not constant in a sense that sometimes that employee experiences the symptoms that limit his abilities and sometimes he doesn’t, this means that he is not really disabled and is therefore not entitled to interactive process, reasonable accommodations and other disability rights under ADA Read More …
One kind of reasonable accommodation that an employee who has qualifying disability may be entitled to under ADA or FEHA is reassignment to a vacant position. This typically happens where an employee suffers a serious injury that prevents him or her from performing the physically demanding parts of his existing job, but where an employee Read More …
A qualifying disabled worker has the following basic workplace rights under ADA (Americans with Disabilities Act) and FEHA (California Fair Employment and Housing Act): 1. The right to not be discriminated because of disability. An employer cannot treat you differently in terms of conditions and privileges of your employment (including wages and compensation) because of your Read More …
