Since 2007 our office has been dedicated to representing San Francisco and Sacramento area employees and victims of serious injuries in a wide range of employment, wrongful termination and injury cases. Individual approach to each client and each injury or employment case is what distinguishes us from other attorneys, as we recognize that each case is as different as each person who has been either injured or aggrieved by their employer.
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- Law Office of Arkady Itkin
- San Francisco Employment Law Firm Blog
- New Law On Piece Rate Compensation Requires Separate Pay For Rest Breaks
17 February 2018
- Protected Leave For New Parents Under The New Parent Leave Act
30 January 2018
- Two Antitrust Violations HR Professionals and Recruiters Should Avoid
21 January 2018
- A Mechanic Wins Racial Harassment Case in Orange County
3 January 2018
- Wrongful Termination To Avoid Paying Bonuses or Commissions Due
10 December 2017
- Legal Protections for Workers with Cancer Under ADA Disability Laws
1 December 2017
- Waiting Periods Before Vacation Begins Accruing Are Legal
17 November 2017
- Kaiser Settles Class Action for Unpaid Wages With Call Center Nurses
18 October 2017
- At-Will Employment And Misclassifying Employees As Contractors
7 October 2017
- Sacramento Employment Lawyer
- California Supreme Court Clarifies Day of Rest Law In Each Workweek
11 February 2018
- What Are “Reasonable” Accommodations For Employees With Disabilities (Video)
29 January 2018
- Two Mistakes To Avoid When Requesting Medical Leave or Disability Leave
23 January 2018
- Obesity As A Protected Disability At Workplace In California
23 December 2017
- A Yuba City Healthcare Employee Wins A Disability Discrimination Case
8 October 2017
- A Video On The Importance of Witnesses in Employment Cases
5 October 2017
- EEOC Sues Raley’s For Religious Discrimination
27 September 2017
- The First Question To Ask Before Pursuing A Wrongful Termination Case
6 September 2017
Bicycle injury accidents in San Francisco - is it your fault or the driver's?How to Help Your Lawyer Win Your Wrongful Termination Case
How to help your lawyer win your wrongful termination case.California Employment Law: Union Grievance and Wrongful Termination Lawsuit
Union grievance, union arbitration and filing a wrongful termination lawsuit in court.
- Q. wrongful termination
- A: Termination that's unfair or unjustified is not illegal unless it's due to unlawful discrimination or retaliation. In your case, if you were in fact an at-will employee, the reasons that you mention for your termination do not make it illegal. An employer does not owe an employee a valid reason for termination in the absence of agreeing otherwise. Thanks,
- Q. Can I be fired or laid off while on WC? I have a feeling my company may try to let me go.
- A: Hello, It is possible that the company will fire you. Even though terminating an employee because of disability or workers comp claim is often illegal, that doesn't mean that the employer still can't choose to violate the law and terminate you. Thanks,
- Q. Can I amend the complaint and include the Union, in my discrimination case against employer?
- A: Theoretically, you can add the union to your complaint. However, in the vast majority of cases, this is neither appropriate nor worth to. Your union was not your employer, so they can't be charged with the same claims. The only claim that can be brought against the Union is for breach of duty of fair representation. The standard for proving that claim is very high - you have to show that the union's failure to represent wasn't merely a business decision, but it was motivated by prejudice or discrimination against you. Because of this very high standard of proof and because very few cases meet this standard, the majority of claims against unions are dismissed for lack of evidence. Before you add that claim, you should consult with an attorney, to make sure that doing this will not simply delay and complicate your case without adding any benefit. Thanks,
- Q. On SDI from non work injury and 3 weeks later got a DUI. Work wants to terminate for no license which I have what 2 do?
- A: If the driver license requirement for your wife's position is in place, then failure to have a license or having it suspended is a legitimate reason for termination, and her disability does not change that. If there is some kind of misunderstanding regarding your wife's license and the license is actually valid, then you should clarify this with the employer as soon as possible. Then, if they still try to terminate her (or force her to resign) it might be worth looking into whether there is a potential wrongful termination and disability discrimination claim here. Thanks, Arkady Itkin
- Q. I am a California state employee, I was demoted due to job reductions in my classification. My seniority on the
- A: Whether you are entitled to your classification if you are out on leave due to an injury does not depend on federal or state law, but depends on either your employer's internal classification policies, or - if you are a member of the union - on the rules agreed upon by the union with your employer and which are likely set in the collective bargaining agreement. Thanks, Arkady Itkin
- Q. Under CA labor laws, if you are not paid for standby, do you have to remain available for your employer?
- A: If you are an at will employee, the employer can terminate you for any reason or no reason, except terminating you for discriminatory or retaliatory reason would be against the law. Practically, if the employer terminates you because you refuse to be on standby, that will not be a wrongful termination. Thanks, Arkady Itkin
- Q. I was in disability status and my employer ignored my return to work now I am in laid off status What can I do?
- A: Hello. It's possible that you have a potential disability discrimination claim, especially if the lay-off status is just a "mask" for discriminatory firing. More information is needed however to determine whether there is sufficient evidence to pursue a case. I wouldn't expect too much from DFEH. In most cases, they just issue a right to sue letter. Thanks, and feel free to follow up. Arkady Itkin
- Q. If a company decides to dicontinue life coverage for employees are insures required to offer same to employees privately
- A: Hello. There is no such requirement. In other words, nothing would obligate private insurer to continue providing coverage. Basically, once the coverage is discontinued, you are free to purchase the coverage from that company or any other insurer as you wish.