Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
One of the most common types of questions we hear people ask over over and is this: Can I be fired while on medical leave / disability leave / after being injured at work or outside of work / if I am pregnant? The answer to this question has to be divided into two parts: Read More …
If you are about to file a wrongful termination case against your employer, based on discrimination or retaliation or both, you should make sure you include any claim for unpaid wages or overtime, and any other claims for technical labor code violations, if possible. These may include such violation as failure to provide meal breaks Read More …
One of the most frustrating things that can happen at work is being falsely accused for some type of violation or even worse – a crime such as theft, fraud, etc… – and being fired as a result. You may feel that you have been framed and you can do nothing about proving that you Read More …
Here are specific ways in which you can enhance your wrongful termination case when you are terminated while on disability or medical leave in violation of ADA, FEHA, FMLA, CFRA or any other applicable law: 1. Obtain a letter from a doctor that states that you have been released to return to work with or Read More …
In June 2016, California legislature introduced and passed the law for phasing in statewide minimum wage increases that will ultimately reach $15 / hour by 2022 for larger employers and by 2023 for smaller employers. For employers with more than 25 employees, the hourly minimum wage will increase according to the following schedule: to $10.50 Read More …
Our experience confirms over and over that when it comes to asking a manger or human resources manager for anything, you are much better off asking nicely than demanding it or even worse – making any kind of threats. This is especially true if you are asking for something that your manager can give you Read More …
One of the common types of wrongful termination cases based on the employer’s violation of medical leave and disability laws is terminating an employee who is supposed to return to work at some future date after being out for several months or longer, and after extending his originally granted leave once or a few times. Read More …
The video below explains that employees – union members in California have two distinct sets of rights: (1) under California or Federal law and also (2) the Union Bargaining Agreement (CBA). This distinction is important when pursuing a wrongful termination case:
The 9th Circuit has filed an opinion today holding that service advisors of automobile dealerships are not exempt from overtime pay. (Navarro v Encino Motorcars, LLC.) In that case the dispute focused around the existing FLSA exemption from overtime that applies to “any salesman, partsman or mechanic” … “primarily engaged in selling or servicing automobiles”. Read More …
Let’s say you have been accused of something at work, whether fairly or unfairly. The employer is investigation the allegations and they are about to interview you, i.e. ask you questions about the allegations to find out your side of the story. This is probably a stressful time and process for you. One thing you Read More …