Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
If you have to submit your employment or wrongful termination case to a binding arbitration due to signing an arbitration agreement with the employer, you probably already know that this means that a single person – the arbitrator – will be deciding your case, and not a jury of 12 like it would be in Read More …
Wrongful termination cases based on religious discrimination are generally are far less common than other types of discrimination, because few employee exercise their religious rights in a way that would affect that work or attendance. In May v Community Development Commission of Los Angeles (2014), the claimant was 13 year-employee resident manager with the defendant Read More …
To file a discrimination suit against your (former) employer, you generally have to obtain a right-to-sue letter from either DFEH (Dept of Fair Employment and Housing) or EEOC (Equal Employment Opportunity Commission). If your DFEH or EEOC Right to Sue letter has expired, you will no longer be able to bring certain discrimination claims against Read More …
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 …