Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
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 …
A common dilemma that a female employee faces, upon learning that she got pregnant, is whether to notify her employer of her pregnancy and when to do it. The video below discusses whether it’s a good idea to notify your employer of your pregnancy as early as you can and why.
The Fired Department of San Bernadino has lost an age discrimination case at trial, being ordered to pay over $700,000 to Plaintiff in damages. Plaintiff Chief George Corley, now the Fire Chief for the Running Springs Fire Department, but age 58 at the time of his termination by San Bernardino County in February 2012, was Read More …
One of the more common violations of religious anti-discrimination laws in California by employer is refusing to accommodate an employee’s schedule because of his religious beliefs, when it can easily be done. In July 2015, DFEH filed such a case in Sacramento County Superior Court – DFEH, on Behalf of Christopher Robello v Sac Express, Read More …
There are two important reasons why denial of promotion cases based on claimed discrimination are generally harder to prove and win and are less attractive financially and practically. (a) Limited damages. Both economic and non-economic (emotional distress) damages in failure to promote cases are usually significant lower than in wrongful termination cases. The “value” of 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 …
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 …
The recent Ninth Circuit case Nigro v Sears, Roebuck & Co. (2015), is extremely helpful in discrimination cases where an employee doesn’t have much proof of discrimination beyond his own testimony about the statements or actions taken against him that are discriminatory. In Nigro, a disability discrimination case, the claimant submitted a declaration stating that Read More …
Wrongful termination cases based on religious discrimination are generally are far less common than other types of discrimination, because few employee exercise their religious rights in a way that would affect that work or attendance. In May v Community Development Commission of Los Angeles (2014), the claimant was 13 year-employee resident manager with the defendant Read More …
The recent court decision in Swenson v Morongo Unified School District has an important holding on disability laws for California employees. It re-affirms that an employee’s employment and disciplinary status are not grounds for denying reasonable accommodations under ADA and FEHA. In Swanson, the claimant – a teacher with nearly 30 years of work experience Read More …