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 …
California employees sometimes assume that pregnancy discrimination laws do not protect them if they work for a very small employer. Employers may make the same assumption. The reason is understandable. California’s Fair Employment and Housing Act (FEHA), which prohibits discrimination based on sex and pregnancy, generally applies to employers that regularly employ five or more Read More …
A recent $5 million California workplace harassment verdict out of the the Northern District of California illustrates an important point about employment discrimination and harassment cases: the strength of a case often depends not merely on whether illegal conduct occurred, but on the severity of the conduct, the vulnerability of the employee targeted, and the Read More …
Effectively defending against SPB dishonesty charges can make a real difference between being terminated vs saving a state service career. CA Gov. Code sec. 19572(f) identifies dishonesty as grounds for discipline, and state agencies often argue that an employee who has been dishonest can no longer be trusted and therefore must be terminated. A recently Read More …
If you are a California state employee serving a probationary period, you do have important legal rights, which may protect you from being fired during probation. At the same time, those rights are considerably more limited than those enjoyed by employees who have successfully completed probation and obtained permanent status with the State of California 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 …
One of the biggest mistakes I see small business owners make is using contracts with their customers that do not include a prevailing party attorney’s fees provision. This automatically puts them in a more vulnerable position with someone who, for whatever reason, decides not to pay for their work. Imagine you complete the work, send Read More …
CarlHR Case No.: 22-A-0037 is a classic example of misuse of AWOL termination statute by a public agency with regard to their employee. In that case, the employee was rightfully reinstated with backpay after being wrongfully AWOL separated. In the written decision overturning the termination, the ALJ noted that imposing unreasonably strict deadlines on the Read More …
This is rarely mentioned, but how you treat your manager and coworkers can have a real impact on what happens if a legal dispute ever arises during your employment with that company or after. Here’s the reality: being decent at work will never hurt your legal position—and it can quietly strengthen it in ways people Read More …