Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
It’s important that you are aware that legally there are two types of complaints an employee can make to HR or to higher management – (1) complaints that are considered “protected activities” and (2) other kinds of complaints that are not considered protected activities. A complaint is a protected activity – i.e. it provides the Read More …
To be entitled to a reasonable accommodation at work within the meaning of ADA / FEHA, an disabled employee must show that he can perform the “essential function” of his position with or without accommodations. A question often arises in disability discrimination and wrongful termination litigation as to whether the employee was in fact able Read More …
The Supreme Court held that statements made for the purposes of securing disability benefits, describing why the claimant is too disabled to work do not necessarily bar the disabled individual from claiming in an ADA wrongful termination case that he can perform the essential functions of his job. Cleveland v Policy Mgmt. Sys. Corp. (1999). Read More …
Any employee who suffers discrimination or retaliation as a result of filing a workers compensation claim in California should remember that he generally may have an option of bringing two different claims : (1) the 132(a) claim for unlawful retaliation at the Workers Compensation Appeals Board and (2) wrongful termination/disability discrimination case under ADA/FEHA in Read More …
When you file a charge of discrimination with EEOC, they will often ask both parties (the employee-claimant and the employer) whether they want to participate in ADR (alternative dispute resolution) or mediation. If both parties agree, then the EEOC ADR mediation will be set. It’s always a good idea to participate in this type of Read More …
Pregnancy Disability Leave Act (PDL) is part of the California FEHA (Fair Employment and Housing Act) – Gov. Code section 12945. It requires employers to provide up to four months of leave to employees disabled by pregnancy, childbirth, or a related medical condition. Employers who provide more than four months of leave for other kinds Read More …
If an employee is dismissed from state employment in California by adverse action (i.e. termination for misconduct, policy violation, etc.) or as a result of disciplinary proceedings, that dismissed employee will not be permitted to take any state civil service examination or be certified from an eligible list to any position in the state service Read More …
Here is one common mistake that an employee who is falsely accused of stealing or fraud or any other serious violation at work makes – he gets really angry and he confronts his manager about the accusations in a way that cannot possible benefit him and make that situation any better. Sometimes this confrontation takes Read More …
There are clear signs that we see over and over again in many discrimination, retaliation and wrongful termination cases that suggest that the employer is trying to set an employee for termination: 1. You Receive a Written Warning or You Are Placed on a PIP A written warning or even more so a performance improvement Read More …
As the Supreme Court recently pointed out, one “good” way to discourage an employee from bringing discrimination or harassment charges would be to insist that he spend more time performing the more arduous duties and less time performing those tasks that are easier or more agreeable to that employee. This is presumably why the EEOC Read More …