Sacramento Employment Lawyer | Arkady Itkin
Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
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 …
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 …