Sacramento Employment Lawyer | Arkady Itkin
Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
Employees often assume that workplace retaliation means being fired shortly after complaining about discrimination, harassment, or another unlawful practice. In reality, retaliation can be much more gradual. An employee complains. Nothing dramatic happens immediately. Instead, the employee begins receiving criticism that did not exist before. Responsibilities are taken away. Important assignments disappear. The employee is Read More …
EERA section 3543.5(a), declares that it shall be “unlawful for a public school employer to impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter.” To establish a prima facie Read More …
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 …
Imagine the following scenario that “kills” many potential retaliation cases: You approach your manager and complain about not being paid overtime (this type of complaint is a protected activity under California labor code). Your manager disagrees with you that you are entitled to that extra pay. You then submit a complaint to your HR office Read More …
The new lactation accommodations bill of 2020 (SB 142) builds upon and expands the breastfeeding accommodations changes enacted in 2018 regarding lactation location requirements. Until now, Labor Code section 1030 required employers to provide a reasonable amount of break time to express milk. However, the new law specifies that the employer must provide a reasonable Read More …
Retaliation cases are some of the most common claims filed by workers against their employers in California. Below is a simple, practical checklist that any employee can use for an early evaluation of whether or not they may have a legitimate retaliation case, before they even speak with an attorney: (a) Did you suffer a Read More …
One of the more rarely mentioned types of retaliation claims available to employees is a retaliatory harassment claim. In Yanowitz case, the California Supreme Court cited with approval Gunnell v. Utah Valley State College case for the proposition that “coworker hostility or retaliatory harassment, if sufficiently severe, can constitute adverse employment action for purposes of a Read More …
U.S.C. § 5851.1 is a whistleblower retaliation protection law that protects energy workers who report or otherwise act upon safety concerns. This law specifically prohibits employers from discharging or otherwise discriminating against employees for several acts, including notifying an employer of a violation, initiating an enforcement proceeding, or testifying in a safety or enforcement proceeding. Read More …
