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Arkady Itkin

Arkady Itkin

  • Employment Law, Personal Injury, Products Liability...
  • California
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Summary

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.

Practice Areas
  • Employment Law
  • Personal Injury
  • Products Liability
  • Medical Malpractice
Fees
  • Free Consultation
    Brief free consultations by phone and e-mail.
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
California
Languages
  • Hebrew: Spoken, Written
  • Russian: Spoken, Written
Professional Experience
Law Clerk
Union Pacific Railroad Company
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Law clerk.
Paralegal
Choulos, Choulos & Wyle
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Paralegal support to a personal injury attorney.
Education
University of the Pacific
J.D / Law
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California State University - San Francisco State University
B.A / Philosophy
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Honors: Dean's List
Professional Associations
California Employment Lawyers Association
Member
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San Francisco Trial Lawyers Association
Member
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American Bar Association
Member
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Sacramento County Bar Association
Member
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Legal Answers
8 Questions Answered

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.
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Contact & Map
San Francisco Office
100 Pine Street
Sutie 1250
San Francisco, CA 94111
USA
Telephone: (415) 295-4730
Cell: (415) 640-6765
Fax: (415) 508-3474
Sacramento Office
980 9th Street
Suite 1625
Sacramento , CA 95814
USA
Telephone: (916) 720-0100
Cell: (415) 640-6765
Fax: (415) 508-3474