Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
One of the most common disabilities that many administrative and clerical workers develop at workplace is carpal tunnel syndrome or tendinitis. This usually results from excessive and/or repetitive typing or other desk jobs that involve repetitive movement. The law recognizes the carpal tunnel syndrome is a disability entitling an employee to a reasonable accommodation, if available, under 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 …
A “no fault” attendance policy gives employees a certain number of days that they can miss or be late, which are also known as “occurrences” or “occasions” without facing discipline. When the number of such days reaches a certain level without a certain time period, the employee begins to incur disciplinary action, including write-ups, suspension 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 …
One of the more common types of unlawful retaliation is FMLA retaliation. An employee goes on FMLA leave due to a serious medical condition, and the employer is unhappy about it for various reasons. It’s possible that the employer suspects that the employee’s medical issues are fabricated and he is just trying to find an Read More …
There are two main reasons why employers retaliated against employees for filing a workers comp claim or asking for any type of disability leave or benefit. This retaliation may include trying to unfairly discipline, write-up, suspend, demote or even terminate that worker based on false, exaggerated or wholly fabricated reasons. The first reason for retaliating Read More …
Under California Labor Code sections 1025-1028, employers that employer 25 or more employees must provide reasonable accommodations to those employees who wish to voluntarily entering into a qualified drug rehab or alcohol rehab program. Effectively, this law prohibits discriminating or firing those employees who enter into a rehab program. However, the law allows the employers Read More …
An employee who is out on disability leave may find himself in a position where on one hand he tells his employer than he is able or will shortly be able to return to work with accommodations. At the same time, the employee may apply for Social Security disability benefits while out on leave and Read More …
Sometimes an employer might argue that because an employee’s disability is not constant in a sense that sometimes that employee experiences the symptoms that limit his abilities and sometimes he doesn’t, this means that he is not really disabled and is therefore not entitled to interactive process, reasonable accommodations and other disability rights under ADA Read More …