Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
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 …
Many, if not most harassment cases involve a he said / she said situation. You, the employee, claim that the employer did something or said something harassment or discriminatory, and the employer denies your version of what happened and provides a completely different version of the events (and of the reasons for your termination, if Read More …
It is very important that the medical note that you provide to your employer to substantiate your medical / disability leave is sufficient and properly written. Don’t expect your doctor to know how the note should be written from a legal standpoint and make sure that you keep the following five basic tips in mind Read More …
We get calls from employees in Sacramento every day with their concerns about receiving unfair write-ups, warnings even performance improvement plans. And the question is always the same – is there anything that can be legally done to make the employer stop issue unfair write ups and leave the employee alone so to speak? Obviously Read More …
I am amazed by the number of calls we get from doctors, nurses and nursing assistants about retaliation at Kaiser Sacramento, and all around with remarkably similar retaliation complaints and concerns of being written up for no reason or otherwise set up for termination and actually being fired, once they complain about any kind of Read More …
One common question employees ask is whether they can be forced to work overtime by their employer. The video below answer this question and also provides other useful tip related to this issue. https://vimeo.com/134523697
One of the reasons that an employer can legally deny a particular reasonable accommodation to an employee under ADA / FEHA is if providing that accommodation imposes an “undue hardship” on the employer’s operations. However, many employers misunderstand this legal term. They think that they simply can say that because it’s too hard or too Read More …