Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
Ask any lawyer what they consider their clients most important quality to be at a deposition, trial or in any other proceeding, and they will surely say that credibility is one of them. So, what is credibility and how does one show it when testifying? Having credibility basically means that you are believable, and you Read More …
In Perez v City of Roseville (2018), the 9th Circuit Appeal held that public employers may not take adverse action against an employee due to that employee’s constitutionally protected off-duty conduct, unless the conduct negatively impacts job performance or violates a valid, narrowly tailored regulation. Among other things, the court held that it is unlawful Read More …
The California Supreme Court has recently clarified in its Mendoza v. Nordstrom, Inc., ruling the law regarding employees’ rights and employers’ obligation to provide a day of rest to an employee after six days of work. Here are the noteworthy points: A day of rest is guaranteed for each workweek. However, periods of more than six Read More …
The term “reasonable” accommodation is a subject of frequent disputes and claims because it’s inherently vague. No bright line exists that would precisely guide employers and employees on how to determine which accommodations are considered reasonable. Further, when it comes to reasonable accommodations – the extent of the employees’ rights v employers’ obligations very much Read More …
Even though, generally being overweight is not considered a workplace disability, under ADA or FEHA (California Fair Employment and Housing Act), in some cases an obesity can be a protected disability. In Cassista v. Community Foods, Inc. (1993) 5 Cal.4th 1050, 1052, the California Supreme Court held “that weight may qualify as a protected ‘handicap’ or Read More …
On August 16, 2017, Denise Abinante was awarded $420,000 by a Yuba county jury. This was a textbook disability discrimination and wrongful termination case. Ms. Abinante was known for her excellent work performance since 1996, when she started working for the defendant Fremon-Rideout Health Group. Ms. Abinante was promoted several times, and her most recent Read More …
The video below talks about the critical importance of witnesses in employment cases and wrongful termination claims. Even just one witness can make a big difference in winning v losing a case or in settlement negotiations. This is especially true in harassment and retaliation cases which so often involve he-said-she-said situation.
