Answers Posted By Arkady Itkin

Answer to I am 65 and my job was eliminated. I was told in March of 2017 that why would I want to work so hard at my age. I was a manager and they decided to hire a senior manager over me. I worked 6 Days a week and 10 hour days. There was nothing in writing that m

It's possible that you have a legitimate claim for age discrimination, but more facts are needed to determine that. The critical questions are (1) how and why you were selected for a lay off; (2) how many other people were laid off and what their ages are; and (3) whether there is any other evidence that age was the factor or a factor in making the termination decision and lay off is used just as an excuse. The comment you referred to alone will likely not suffice so more evidence would be needed.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer

posted Jan 14, 2018 11:52 AM [EST]

Answer to Was fired,employer claims,

It's possible that you have a legitimate retaliation claim, but more facts are needed to determine whether there is sufficient evidence to make a case. You should contact an experienced employment attorney in your geographic area to discuss your options.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer

posted Nov 12, 2017 10:58 PM [EST]

Answer to My job in California, is doing a lay off in my Dept. I'm on a corrective action right now. Can they hold off on paying me severance pay when everyone else is getting paid severance

Unless specified in an employment contract, severance is purely discretionary. An employer has no obligation to pay any severance, specific amount of severance or equal severance to any employee. As such, it's purely negotiable.

posted Aug 5, 2017 3:45 PM [EST]

Answer to Wrongful Demotion

If you are an at will employee, the terms of your employment can be changed at any time for any reason, fair or unfair. It sounds like you have been treated unfairly, but unless there is specific evidence that the reason this is done is due to your age, race, disability, sexual orientation, etc.... This would not be illegal.

Thanks,

Arkady Itkin
San Francisco / Sacramento Employment Lawyer

posted Apr 22, 2017 11:21 AM [EST]

Answer to At Will contract, but also requires 8 weeks notice

This inconsistency is usually due to poor drafting. Theoretically, the employer can file a claim against an employee who doesn't honor the notice requirements but they would have to show how they were harmed by it, which is usually difficult. Therefore, in practice this is very unlikely to be an issue.
The best thing to do however is to nicely bring it this inconsistency to your employer's attention and clarify it so as to avoid any misunderstandings in the future.

Thanks,

Arkady Itkin

posted Mar 26, 2017 7:27 PM [EST]

Answer to I have an employee that has resigned his position after 1 year of employment. I gave him a 5% equity position in the company when he joined. Can I simply rescind those shares outright or do I need a mutual agreement to do so.

Hello.
If there is evidence of that promise to provide equity, then failure to do so would be breach of contract. You should discuss the agreement, including vesting schedule and other factors with an experienced employment attorney to determine the best course of action.
Thanks,
Arkady Itkin

posted Mar 6, 2017 10:48 AM [EST]

Answer to Can my employer lay me off when I'm on disability? They had to outsource my job because no one could do it. I've been off for 9 months.

Hello,

The question is what the real reason for your termination is. If there was an independent reason for termination and they truly outsourced your job, then it's legal. If there is evidence that it's just an excuse for terminating you due to your disability and/or disability leave, then this might give rise to a wrongful termination claim. You should discuss this further with an experienced employment attorney.

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer

posted Feb 9, 2017 1:03 PM [EST]

Answer to Relocated from FL to CA; now being laid off

Hello.
There is definitely space for negotiation in this somewhat unfortunate situation, even though there is no assurance that the negotiation will produce any results. It is still worth trying You should discuss the best negotiating strategies in this case with an experienced local attorney as more facts are necessary to provide this type of advice.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer

posted Jan 14, 2017 8:15 PM [EST]

Answer to I am on light duty for a shoulder injury. Now my back is hurting. Do I report this? And to whom?

You are asking a lot of good and important questions. As an employee, you have rights to "reasonable" accommodations to your medical conditions which may include a range of things. There is no bright line rule on this, and your rights in large depends on various factors, including your specific job titles and duties, the employer's size and resources and other circumstances. You should contact and consult an experienced employment lawyer as soon as possible to discuss your best legal and practical options as soon as possible.

Thanks,

Arkady Itkin
San Francisco / Sacramento Employment Lawyer

posted Jan 14, 2017 12:29 PM [EST]

Answer to Being targeted because of fibormyalgia

Hello, Jason.
There is not much that your girlfriend can do to physically stop the employer from targeting her, but there are a few things she can do to enhance any potential claims that she might have if and when she is being terminated. Keeping track of everything the employer does that can legitimately interpret as discriminatory because of her condition, talking to witnesses, asking to be transferred and/or complaining about the harasser internally or to an outside agency such as EEOC are some of the things she can do. It's best if she consult with an experienced employment attorney who can fully assess her situation and come up with the best legal and practical options for her.

Thanks,

Arkady Itkin
San Francisco / Sacramento Employment Lawyer

posted Dec 28, 2016 11:29 PM [EST]