Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
The video below explains that employees – union members in California have two distinct sets of rights: (1) under California or Federal law and also (2) the Union Bargaining Agreement (CBA). This distinction is important when pursuing a wrongful termination case:
Here are my three top deposition tips for your deposition in an employment or wrongful termination case. It’s critical that you follow these tips (among others) in order to do your best at your deposition, which is often the most important part of a case:
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 …
Recently, the Court of Appeal reiterated in Touchstone Television Productions v Superior Court (2012), that not renewing an employee’s contract cannot be considered a wrongful termination. This is because, among other reasons, employment for a fixed period of time is terminated automatically at the time that contract expires. Thus, the fact that the employer decided not Read More …
One of the more frustrating things that can happen to anyone at work is being falsely accused of violence against another co-worker, supervisor or customer, especially if it least to employment termination. The question is whether a wrongful termination claim can be brought due to be fired based on false accusations of workplace violence. If 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 …
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 …
We periodically receive a very similar call or e-ail from the Sacramento Kaiser former employees (mostly nurses, and LVN’s). They get injured, file a workers comp claim or go on medical leave / disability leave and then shortly after returning they are fired for some petty or even untrue reason based on “violation of principles 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 …