Answers Posted By Arkady Itkin
Hello.
There is no law that would dictate whether the employer must disclose the investigation documents, at least not until formal discovery in litigation.
Generally, companies do not disclose investigation documents due to confidentiality concerns, especially when it comes to witness statement and interviews. Some companies disclose the results, but that's a matter of internal rules when policies.
When the wrongful termination lawsuit is filed, there can be a dispute over which parts of the investigation report are discoverable and which are to remain confidential, but usually, especially when adequacy of investigation comes into play, at least the redacted versions of the investigation reports should be disclosed. Whether the investigation documents have a significant value to proving the case itself depends on the specific facts of the case.
Thanks,
Arkady Itkin
answer to Copy of Investigation Document? posted May 3, 2012 03:26 AM [EST]
There is no law that would dictate whether the employer must disclose the investigation documents, at least not until formal discovery in litigation.
Generally, companies do not disclose investigation documents due to confidentiality concerns, especially when it comes to witness statement and interviews. Some companies disclose the results, but that's a matter of internal rules when policies.
When the wrongful termination lawsuit is filed, there can be a dispute over which parts of the investigation report are discoverable and which are to remain confidential, but usually, especially when adequacy of investigation comes into play, at least the redacted versions of the investigation reports should be disclosed. Whether the investigation documents have a significant value to proving the case itself depends on the specific facts of the case.
Thanks,
Arkady Itkin
answer to Copy of Investigation Document? posted May 3, 2012 03:26 AM [EST]
Hello.
Although your situation sounds unfair and hurtful, unless the reason for your mistreatment or demotion is discriminatory (due to your race, religion, gender, ethnic origin, disability, race) or retaliatory (due to engaging in a protected activity), there can be no claim for unlawful demotion. Based on your recount of events, your situation is a matter of personality conflict or personal anymosity, an any action by your management resulting from that anymosity alone is not illegal.
Thanks,
Arkady Itkin
Attorney
answer to Do I have a case for wrongful demotion? posted Apr 25, 2012 5:21 PM [EST]
Although your situation sounds unfair and hurtful, unless the reason for your mistreatment or demotion is discriminatory (due to your race, religion, gender, ethnic origin, disability, race) or retaliatory (due to engaging in a protected activity), there can be no claim for unlawful demotion. Based on your recount of events, your situation is a matter of personality conflict or personal anymosity, an any action by your management resulting from that anymosity alone is not illegal.
Thanks,
Arkady Itkin
Attorney
answer to Do I have a case for wrongful demotion? posted Apr 25, 2012 5:21 PM [EST]
Hello.
Generally, this kind of termination would be unlawful, especially if the reason for your extended leave was related/serious medical condition such as pregnancy related disability or associated medical complications.
Thanks, and if you would like to discuss this further, feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
answer to termination during maternity leave posted Feb 14, 2012 3:34 PM [EST]
Generally, this kind of termination would be unlawful, especially if the reason for your extended leave was related/serious medical condition such as pregnancy related disability or associated medical complications.
Thanks, and if you would like to discuss this further, feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
answer to termination during maternity leave posted Feb 14, 2012 3:34 PM [EST]
Hello.
* Unless provided so in the contract, there is no right to severance and it's almost always a gratuity.
* Resigning disqualifies claimant from benefits unless there is good cause for resigning. I am not sure if a 40 mile distance is a good cause, especially during these tough economic times. If you are denied benefits and you appeal the denial (which is a fairly simple process), you should come up with some specific facts as to why a seemingly reasonable commute of 40 miles was such a major hardship on you or your family.
Thanks,
Arkady Itkin
San Francisco Employment Lawyer
http://www.arkadylaw.com
answer to My company asked me to move to another office. I can not. Should I get servence and unemployment? posted Oct 22, 2011 7:03 PM [EST]
* Unless provided so in the contract, there is no right to severance and it's almost always a gratuity.
* Resigning disqualifies claimant from benefits unless there is good cause for resigning. I am not sure if a 40 mile distance is a good cause, especially during these tough economic times. If you are denied benefits and you appeal the denial (which is a fairly simple process), you should come up with some specific facts as to why a seemingly reasonable commute of 40 miles was such a major hardship on you or your family.
Thanks,
Arkady Itkin
San Francisco Employment Lawyer
http://www.arkadylaw.com
answer to My company asked me to move to another office. I can not. Should I get servence and unemployment? posted Oct 22, 2011 7:03 PM [EST]
Hello,
There are two separate and independent ways through which you can pursue an FMLA violation claim. First, is through union grievance which would argue that you were dismissed without just cause in violation of the collective bargaining agreement. The contract doesn't have to specifically mention FMLA. Secondly, and often a more effective way - by filing a lawsuit in court for FMLA violation and related claims. The reasons that a civil lawsuit may be more effective are multiple, but one of the important ones is that the union has a complete discretion as to whether to pursue your grievance and take it to arbitration or drop it before that.
Again, you can pursue both routes at the same time, which is often done by aggrieved employees.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
answer to are claims of violation of FMLA grievable to the end under union contract? posted Sep 2, 2011 1:08 PM [EST]
There are two separate and independent ways through which you can pursue an FMLA violation claim. First, is through union grievance which would argue that you were dismissed without just cause in violation of the collective bargaining agreement. The contract doesn't have to specifically mention FMLA. Secondly, and often a more effective way - by filing a lawsuit in court for FMLA violation and related claims. The reasons that a civil lawsuit may be more effective are multiple, but one of the important ones is that the union has a complete discretion as to whether to pursue your grievance and take it to arbitration or drop it before that.
Again, you can pursue both routes at the same time, which is often done by aggrieved employees.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
answer to are claims of violation of FMLA grievable to the end under union contract? posted Sep 2, 2011 1:08 PM [EST]
Hello.
The employer must have allowed you to return to a vacant, comparable position. The issue of course is whether such position was available and whether you applied for such a position. Only you and your employer know. If this part time position was truly the only one reasonable available, there is no violation. If demoting you is just a way to try to push you out or due to lack of effort to comply with the law, then you might have a legitimate disability discrimination claim.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
answer to Do I have a lawsuit against my employer for lost wages and emotional damage? posted Aug 26, 2011 3:53 PM [EST]
The employer must have allowed you to return to a vacant, comparable position. The issue of course is whether such position was available and whether you applied for such a position. Only you and your employer know. If this part time position was truly the only one reasonable available, there is no violation. If demoting you is just a way to try to push you out or due to lack of effort to comply with the law, then you might have a legitimate disability discrimination claim.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
answer to Do I have a lawsuit against my employer for lost wages and emotional damage? posted Aug 26, 2011 3:53 PM [EST]
Hello.
Upon return from approved medical leave, your employer must reinstate you to same or similar position in terms of duties and compensation. Subjective differences, such as colder environment, etc... are probably not severe enough to justify legal action, especially given the fact that you haven't been terminated or demoted. Having said that, it would be very wise of you to keep record and chronology of everything, relevant e-mails and other documents, and it might be a good idea to complain in writing to the right people (HR) in a courteous manner about suspecting retaliation, so they look into it.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
answer to Hostile work environment when returning from a medical leave of absence posted Aug 18, 2011 5:21 PM [EST]
Upon return from approved medical leave, your employer must reinstate you to same or similar position in terms of duties and compensation. Subjective differences, such as colder environment, etc... are probably not severe enough to justify legal action, especially given the fact that you haven't been terminated or demoted. Having said that, it would be very wise of you to keep record and chronology of everything, relevant e-mails and other documents, and it might be a good idea to complain in writing to the right people (HR) in a courteous manner about suspecting retaliation, so they look into it.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
answer to Hostile work environment when returning from a medical leave of absence posted Aug 18, 2011 5:21 PM [EST]
Hello.
A few things need to be considered:
* First, what's is the amount of severance in question? Does it justify legal action?
* Do you have a copy of the signed severance agreement? If so, why not forward it first to the employer and see if it clears any misunderstanding.
* There is no point in spending too much time in drafting the demand letter. If the employer trusts that you forwarded the severance agreement and it is just a misunderstanding, the issue should be settled easily. If not, the length of the demand letter is not going to make a difference, and legal action might be necessary.
* Also, why didn't you contact the employer earlier about the payment? A week or two after signing and forwarding the agreement.
* Proof of transmission, such as fax confirmation sheet, e-mail, etc., might also be useful.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
answer to Company refusing to pay severance what are my options? posted Aug 7, 2011 2:31 PM [EST]
A few things need to be considered:
* First, what's is the amount of severance in question? Does it justify legal action?
* Do you have a copy of the signed severance agreement? If so, why not forward it first to the employer and see if it clears any misunderstanding.
* There is no point in spending too much time in drafting the demand letter. If the employer trusts that you forwarded the severance agreement and it is just a misunderstanding, the issue should be settled easily. If not, the length of the demand letter is not going to make a difference, and legal action might be necessary.
* Also, why didn't you contact the employer earlier about the payment? A week or two after signing and forwarding the agreement.
* Proof of transmission, such as fax confirmation sheet, e-mail, etc., might also be useful.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
answer to Company refusing to pay severance what are my options? posted Aug 7, 2011 2:31 PM [EST]
Hello.
The issue is whether your lay-off was legitimate or just an excuse to get rid of you, as you suspect and justifiable so, under the circumstances, you describe.
Some of the facts that would help to determine this are:
* How many people were laid off?
* Were you replaced by someone else who does exactly the same things you did?
Thanks, and feel free to follow up.
Arkady Itkin
San Jose Workplace Attorney
http://www.sanjoseworkplacelawyer.com
answer to Violation of my rights under FMLA posted Aug 4, 2011 4:39 PM [EST]
The issue is whether your lay-off was legitimate or just an excuse to get rid of you, as you suspect and justifiable so, under the circumstances, you describe.
Some of the facts that would help to determine this are:
* How many people were laid off?
* Were you replaced by someone else who does exactly the same things you did?
Thanks, and feel free to follow up.
Arkady Itkin
San Jose Workplace Attorney
http://www.sanjoseworkplacelawyer.com
answer to Violation of my rights under FMLA posted Aug 4, 2011 4:39 PM [EST]
Hello,
This sounds like a disability discrimination and retaliation claim, unless the employer really true that there is nothing "reasonable" that the employer could have done to accommodate you, which is not easy for the employer to prove, especially if it's a large company.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Laywer
http://www.arkadylaw.com
answer to Can I be layed off this way.... posted Aug 3, 2011 2:03 PM [EST]
This sounds like a disability discrimination and retaliation claim, unless the employer really true that there is nothing "reasonable" that the employer could have done to accommodate you, which is not easy for the employer to prove, especially if it's a large company.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Laywer
http://www.arkadylaw.com
answer to Can I be layed off this way.... posted Aug 3, 2011 2:03 PM [EST]
Displaying answers 1 - 10 of 39
Next Page >>
