Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
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 …
To file a discrimination suit against your (former) employer, you generally have to obtain a right-to-sue letter from either DFEH (Dept of Fair Employment and Housing) or EEOC (Equal Employment Opportunity Commission). If your DFEH or EEOC Right to Sue letter has expired, you will no longer be able to bring certain discrimination claims against 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 …