Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
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.
Sacramento based supermarket chain Raley’s violated federal law by refusing to accommodate an employee’s request for work hours that did not conflict with her religious worship and then firing her, according to the lawsuit filed by US EEOC today. This is a classic case of religious discrimination. According to the filing, prior to her hire Read More …
The very first question you should ask yourself before pursuing any type of wrongful termination case is this – What is your goal? What do you want to accomplish with this lawsuit? This question is important because it will give you and your case the right direction and will help you have the right strategy when Read More …
California employers have an affirmative duty to take reasonable steps to prevent harassment or discrimination from occurring (Government Code 12940(k). Employers’ duty to prevent discrimination requires that employer respond promptly and properly to allegations of harassment or discrimination that are known to it (Trujillo v. North County Transit District (1998)). And it applies equally to Read More …
The U.S. Equal Employment Opportunity Commission (EEOC) announced filing a lawsuit on July 19, 2017 against the Hershey Company for allegedly refusing to accommodate a disability and later firing a disabled employee. “Employers cannot ignore a request for a reasonable accommodation from an employee with a disability,” said Nancy Sienko, director of the EEOC’s Seattle Read More …
Generally, post-termination or post-resignation actions by employers have very little or no legal relevance to any legal case. Further, unlike being terminated, refusing to reinstate an employee after he resigns is not considered an adverse employment action in the context of California discrimination laws,. This is illustrated by a recent case Featherstone v Southern Cal. Read More …
The most common way for attorneys to be compensated when representing a claimant in a wrongful termination case is a combination of a small retainer (around $2000 – $2,500) and the rest of the compensation is on contingency of around 35% – 40% of any settlement or award in the case. Many claims brought against Read More …
