Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
Although there are some benefits to complaining about discrimination, harassment, retaliation, safety violations, etc., anonymously, whether internally or by contacting an outside governmental agency, consider the significant disadvantage of complaining without using your name: even if the employer later finds out somehow that you were the one who complaint, they can take action against you, Read More …
California Education Code Sections 44113(a) and 44114(c) are part of the Reporting by School Employees of Improper Governmental Activities Act. It prohibits “an employee” from using his or her official position to retaliate against “any person” to deter that person from making a disclosure protected by the Act. A “person” includes any individual. An employee Read More …
It’s important that you are aware that legally there are two types of complaints an employee can make to HR or to higher management – (1) complaints that are considered “protected activities” and (2) other kinds of complaints that are not considered protected activities. A complaint is a protected activity – i.e. it provides the Read More …
Any employee who suffers discrimination or retaliation as a result of filing a workers compensation claim in California should remember that he generally may have an option of bringing two different claims : (1) the 132(a) claim for unlawful retaliation at the Workers Compensation Appeals Board and (2) wrongful termination/disability discrimination case under ADA/FEHA in Read More …
As the Supreme Court recently pointed out, one “good” way to discourage an employee from bringing discrimination or harassment charges would be to insist that he spend more time performing the more arduous duties and less time performing those tasks that are easier or more agreeable to that employee. This is presumably why the EEOC Read More …
One of the more important cases discussing retaliation protection for employees and specifically what it means to oppose harassment is the US Supreme Court’s decision in Crawford v. Metropolitan Gov’t of Nashville (2009). In that case, a 30-year employee was interviewed as part of the investigation into sexual harassment allegations against one of the directors Read More …
In a recent wrongful termination case we handled, we made an argument that a bad performance review after complaining to management about discrimination is evidence of retaliation. We did not hope that this relatively insignificant action by the employer (as compared to demotion, suspension, termination, etc) would be found to be actual evidence of retaliation Read More …
The video below explains what “protected activity” means within the context for California anti-retaliation laws: [youtube https://www.youtube.com/watch?v=TorqIYSyHGw?rel=0]
Retaliation claims are some of the most frequently filed cases against companies by their employees. It seems that it’s almost a part of human nature for managers to retaliate against their subordinates for making complaints or for asking for something that makes managers’ life harder (such as requesting accommodations to a disability, or requesting medical Read More …
Besides providing for leave of absence for an employee’s serious medical condition or a close family member’s medical condition, FMLA (family medical leave act) makes it illegal for employers to retaliate against employees for exercising their right to medical leave under FMLA or CFRA (California Family Rights Act). This means that disciplining, demoting or terminating an employee for Read More …