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
- Computer Professional Salary For Exemption Purposes Increases This Year (2017)
19 February 2017
- San Francisco Fair Chance Ordinance – Key Facts And Rules
15 February 2017
- Employers Must Reimburse Employees For Mandatory Personal Cellphone Use
29 January 2017
- Is Open Source Open To Women? – Candid Discussion
13 January 2017
- CA Law Limits The Employers’ Right To Inquire Into Employees’ Juvenile Information
8 January 2017
- Are You An Intern Or An Employee Under California Law?
5 December 2016
- California And San Francisco Sick Leave Law – The Basics
20 November 2016
- Terminating an At-Will Employee Without Giving A Reason – Good Idea?
17 November 2016
- Being Laid Off And The Right to Stock Options
24 September 2016
- Sacramento Employment Lawyer
- Three Tips For Enhancing Your Case When Fired While On Medical Leave
26 February 2017
- California Minimum Wage To Increase to $15 / hour by Year 2022
19 February 2017
- How To Ask Your Manager or HR For Anything The Right Way
12 February 2017
- A Critical Document For Proving a Disability Discrimination Case
15 January 2017
- Wrongful Termination Of A Union Member In California
13 January 2017
- Service Advisors of Auto Dealerships Are Entitled To Overtime Pay
9 January 2017
- Disability Accommodation Process Is A Two-Way Street
1 January 2017
- Is Criticizing Your Employer During A Workplace Investigation A Good Idea?
17 December 2016
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.