Sacramento Employment Lawyer | Arkady Itkin
Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
PERB Decision No. 2409 / SEIU Local 1021 v Sonoma County Superior Court is an important decision holding that a public employee is entitled to have his union representative present at at the ADA / FEHA interactive process concerning accommodating his disability. In that case, the employer denied an employee’s request for union representative to Read More …
The California Supreme Court recently held in Mendiola v CPS Security Solutions (2015) that certain security guards are entitled to on call pay for on-call hours including their sleep time. In that case, the claimants were security guards who worked at constructions sites. The resided in a trailer provided by their employer. On weekdays, each Read More …
We periodically receive a very similar call or e-ail from the Sacramento Kaiser former employees (mostly nurses, and LVN’s). They get injured, file a workers comp claim or go on medical leave / disability leave and then shortly after returning they are fired for some petty or even untrue reason based on “violation of principles Read More …
Until now UPS had two employee policies that seem to not make much sense from the standpoint of disability laws and reasonable accommodations because of not providing for accommodation to pregnant workers. The first policy was that if a company driver temporarily lost his license because of a DUI conviction, the company would consider assigning an Read More …
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 …