Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
The recent Ninth Circuit Court France v Johnson decision is a very helpful age discrimination case for those employees who wish to file a claim for failure to promote based on age or for wrongful termination based on age discrimination. The France case held, among other things, that even though the claimant generally needs to show Read More …
As expansive as disability rights of California workers are, the right of qualifying disabled employees of California State agencies are even more broad that those of private sector employees. This is illustrated by the precedent decision of the State Personnel Board No. 00-07. In that case, the Board considered whether the employee of the DMV Read More …
In Yau v Santa Margarita Ford Inc (2014), the Appellate Court recently held that an employee of a car dealership who is terminated in retaliation for complaining to management about suspecting a submission of fraudulent warranty claims, can bring a wrongful termination claim in court. The Court held that such a conduct implicates laws against Read More …
Recently, we handled a number of cases in Sacramento where the employer presented an employee with a choice of resigning v being terminated or laid off. Usually, an offer to resign is accompanied with some type of severance package. The employee often chooses to resign to avoid having the termination mark on their record. When Read More …
Telecommuting or working from home can often be an effective, reasonable accommodation to an employee with a particular disability or medical condition, especially in cases where the commute itself is challenging because of an injury (i.e. serious back injury, foot injury etc…) and where work tasks can be effective accomplished without being in office, or Read More …
Here is a simple way to calculate unpaid overtime due to you, if you were not paid overtime because you were incorrectly classified as exempt employee or for some other reasons: Suppose your annual wages are set at $40,000/year. You regularly work for more than 8 hour per day. On some days you work 10 Read More …
Bullying is inherently a vague and relative term. Different people and different employees may mean very different things by referring to someone’s harsh treatment as bullying. However, generally – workplace bullying and other types of unfair treatment at work are not against the law, unless there is specific evidence that the underlying reason for bullying Read More …
Under the law, it is the employer’s responsibility to determine when FMLA leave is appropriate, to inquire as to specific facts to make that determination, and to inform the employee of his/her entitlement to medical leave, once the employee approaches the employer and reasonably informs the employer of having an FMLA qualifying medical condition. Bailey Read More …
Suppose you are a non-exempt employee (i.e. an employee who is not a manager and who is entitled to overtime pay) who was ordered by his employer to attend a training class in another city or another state, which requires you to take long drives or overnight flights to the training destination outside your work Read More …
The Ninth Circuit case McAlindin v. County of San Diego is a case of great help to those employees who have been diagnosed with and suffering from anxiety disorder or panic disorder. In that case, the employer first argued that the employee’s condition wasn’t a protected disability within ADA because it didn’t substantially limited that Read More …