Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit on Nov. 30, 2017 against Stevens Transport, a refrigerated trucking company, for allegedly violating the Americans with Disabilities Act (ADA). According to the EEOC, the company told a potential hire Bill Brown that they could not hire him due to a company policy that prevented the hiring of people with Read More …
Under California law, an at-will employee can be terminated for any legal reason or no reason. However, in reality not giving a reason for termination to the employee you are about to fire is often a bad idea, because it can make any potential wrongful termination case they will pursue stronger. Here is a common Read More …
One of the more rarely mentioned types of retaliation claims available to employees is a retaliatory harassment claim. In Yanowitz case, the California Supreme Court cited with approval Gunnell v. Utah Valley State College case for the proposition that “coworker hostility or retaliatory harassment, if sufficiently severe, can constitute adverse employment action for purposes of a Read More …
Changing your work schedule. If you are an at will employee, your employer is free to change their schedule regardless of what was promised to you and what the initial arrangement was at the time of your hiring. There is no law that states that an employer has to stick to a certain schedule and that Read More …
Suppose you have been fired from your job while being on disability leave because of your serious medical condition. Around the time of your termination or shortly after you are certified as totally disabled – i.e. unable to perform any job indefinitely or forever. Let’s assume that you can prove that the reason for your Read More …
A common dilemma that a female employee faces, upon learning that she got pregnant, is whether to notify her employer of her pregnancy and when to do it. The video below discusses whether it’s a good idea to notify your employer of your pregnancy as early as you can and why.
It is well established that one of the strongest types of evidence of racial discrimination and racial harassment is racial slur. Frequent or pervasive workplace use of racial slurs resulting in an abusive work environment has been held to constitute to form a basis for racial harassment claim. (Aguilar v Avis Rent-a-Car Sys. (1999)). This is Read More …
The video below talks about why it’s important that you have your employment agreement reviewed by an attorney, especially if your compensation package includes bonus, stock options, and other variables.
One of the situations you might find yourself in, after being off work due to extended medical leave / disability leave under ADA / FMLA, especially if you work for a State or County agency, is being presented with the so-call employers’s options letter by your HR department. In that letter, the employer will likely Read More …
