Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
An essential element of making a retaliation claim is showing that the reason you were terminated was that you engaged in a “protected activity”. Only some activities are considered “protected”. This includes complaining about unlawful discrimination (including filing charges with EEOC or DFEH), unlawful harassment, labor code violations (i.e. not being paid overtime, minimum wages, Read More …
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:
An employer who forces an employee to clock out despite the fact that that the employee has to continue working after he clocks out violates the law and effectively does not pay that employee all wages due. Many managers do this because they are under pressure from their higher managers to keep the wages and Read More …
California law expressly states that HIV/AIDS is a physical disability, even if it doesn’t have a present disabling effect. Likewise, California has long recognized that FEHA (Fair Employment and Housing Act) protects employees against discrimination on the basis of physical disability, such as high blood pressure or a heart condition, “that may handicap in the Read More …
There are two important facts that every employee in California should know about FMLA / CFRA leave that might prove to be critical in certain not uncommon situations: 1. ADA Leave May Be Available Where FMLA Isn’t Even if you don’t qualify for FMLA because of the hours worked for the employer or the size Read More …
Vicki Crawford was interviewed during an employer’s internal investigation into “rumors of sexual harassment” involving a manager. Crawford described several instances of sexually harassing behavior that the manager directed at her. Two other employee also reported being sexually harassed by the same manager. The employer took no action against the alleged harasser-manager, but fired Crawford Read More …
In Rohr v Salt River Project Agric. Improvement & Power Dist (2009) the Court of Appeal held that diabetes is a qualifying disability under ADA. In that case, the claimant – a welding specialist – had an insulin dependency due to his serious diabetes. His doctors made a number of accommodations recommendation to his employer Read More …
Many employees spend a lot of time composing elaborate performance review rebuttals when they disagree with their performance evaluation. The question is whether the make a difference. Generally, the answer is “no” for at least two reasons: 1. Employers are entitled to their subjective view of your performance, however wrong you might think it is. Read More …
The EEOC has declared that the responsibility to initiate the interactive process of figuring out the appropriate ADA accommodation for an employee with a disability lies primarily with an employee. “If an employee with a known disability has a difficulty performing his or her job, an employer may inquire whether the employee is in need Read More …
It is common for employers to have fixed, rigid leave policies that apply to all employees equally without exceptions. For example, an employer policy may provide that an employee may take up to 180 days or 1 year leave of leave. At the end of that period, the employee is terminated if he doesn’t return Read More …