Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
An essential element of making a retaliation claim is showing that the reason you were terminated was that you engaged in a “protected activity”. Only some activities are considered “protected”. This includes complaining about unlawful discrimination (including filing charges with EEOC or DFEH), unlawful harassment, labor code violations (i.e. not being paid overtime, minimum wages, Read More …
Vicki Crawford was interviewed during an employer’s internal investigation into “rumors of sexual harassment” involving a manager. Crawford described several instances of sexually harassing behavior that the manager directed at her. Two other employee also reported being sexually harassed by the same manager. The employer took no action against the alleged harasser-manager, but fired Crawford Read More …
We get calls from employees in Sacramento every day with their concerns about receiving unfair write-ups, warnings even performance improvement plans. And the question is always the same – is there anything that can be legally done to make the employer stop issue unfair write ups and leave the employee alone so to speak? Obviously Read More …
I am amazed by the number of calls we get from doctors, nurses and nursing assistants about retaliation at Kaiser Sacramento, and all around with remarkably similar retaliation complaints and concerns of being written up for no reason or otherwise set up for termination and actually being fired, once they complain about any kind of Read More …
One of the more common types of unlawful retaliation is FMLA retaliation. An employee goes on FMLA leave due to a serious medical condition, and the employer is unhappy about it for various reasons. It’s possible that the employer suspects that the employee’s medical issues are fabricated and he is just trying to find an Read More …
There are two main reasons why employers retaliated against employees for filing a workers comp claim or asking for any type of disability leave or benefit. This retaliation may include trying to unfairly discipline, write-up, suspend, demote or even terminate that worker based on false, exaggerated or wholly fabricated reasons. The first reason for retaliating Read More …
Anger rarely benefits anyone at workplace (or anywhere else for that matter). No one likes angry people and no one wants to help them. Angry people rarely get large verdicts from a jury or a judge because it’s hard to be generous with someone who show temper. This applies to testifying at a deposition or Read More …
California Labor Code section 512(a) generally allows an employer and employee to agree that if that employee works between ten and twelve hours in a day, the employee may waive his right to a second meal period, as long as the first meal period was not waived. This law was intended to allow employees the Read More …
First Amendment cases in the context of employment and wrongful termination cases are highly technical. In order to make a claim against a government employer for violation of the First Amendment, an employee must show (1) that he engaged in a protected speech; (2) that the employer took “adverse employment action”; and (3) that speech Read More …
It’s not uncommon for employer to change the story about why they terminated an employee. We have seen over and over how the employer would tell the employee that he is being laid off because the employer’s business needs have changed, and later – they challenge that employee’s unemployment benefits application, arguing for the first Read More …