Arkady Itkin
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Answers Posted By Arkady Itkin
Answer to Can I be layed off this way....
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
posted Aug 3, 2011 11:03 AM [EST]
Answer to Can I be denied FMLA if I go over the amount of days stated on the form? Also do I have to resubmit
Hello.This is a very common and important question and mistake that employer's make. Just because your FMLA has expired, doesn't mean that you are not entitled to additional leave. Under FEHA (Fair Employment and Housing Act) if you suffer from a qualifying disability / medical condition, the employer has to consider whether providing an extended leave beyond that which has been already granted can be a reasonable accommodation to your condition. You must however request that this specific accommodation - extending leave, be considered.
Thanks,
Arkady Itkin
Attorney
posted Jul 29, 2011 5:45 PM [EST]
Answer to What should I do after State Personnel Board findings nothing wrong?
Hello.I don't necessary agree with the attorney's opinion. Although SPB's findings in your favor would be helpful, finding against you is not binding or preclusive of you potential claims under ADA or FEHA (Fair Employment and Housing Act) for failure to accommodate, engage in interactive process and disability discrimination, and it might be worth looking into the facts more thoroughly to determine whether the court action for the above claims is appropriate.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
posted Jun 23, 2011 12:15 PM [EST]
Answer to If my employer appeals the EDD decision am I eligible to receive the benefits that were unpaid
Hello.Yes, you are entitled now to a retroactive payment for all the weeks of benefits that you haven't received due to the previous denial. If the department doesn't automatically issues the checks to you or if you haven't filled out the claims forms after being denied, contact them to clear this administrative issue and you will be paid in full for any time missed.
Thanks,
Arkady Itkin
San Francisco Employment Lawyer
www.arkadylaw.com
posted Jun 4, 2011 10:21 AM [EST]
Answer to Can an employer dictate who employees fraternize with outside of work?
Hello.Under California law, an employer is not allowed to discipline employees for lawful conduct outside of workplace. I believe this law applies to your specific situation. Perhaps there is a way you can bring his to the attention of your management.
Thanks,
Arkady Itkin
San Francisco Employment Lawyer
posted Apr 25, 2011 11:59 PM [EST]
Answer to Can benefits be selectively changed for a small group
Unless there is a contract between an employer an the employee, providing that the company must provide certain benefits or severance, the company is free to change the terms and conditions of employment as they see fit under the common, at-will employment doctrine. There is nothing illegal about modifying or even eliminating gratuitus benefits in the absence of an written obligation not to do so.Thanks,
Arkady Itkin
San Francisco Employment Lawyer
posted Feb 12, 2011 6:48 PM [EST]
Answer to Why would a "Separation Agreement and General Release" suggest getting an attorney?
No, basically the reason the clause is included is because under the contract law, the party who knows that she has an opportunity to consult with attorneys cannot claim duress in entering into a contract later and argue that it's unenforceable. Whether you consult an attorney is your personal choice of course.Thanks,
Arkady Itkin
posted Sep 14, 2010 10:41 AM [EST]
Answer to Possible defamation by former co-worker
Hello.There is a clever way for you to find out what happened or at least to make sure that you are not defamed in the future. There is a service called "reference check" - Just google. For a very small price they will call the previous employer and do a reference check as if they were your potential employer, and then they will give you the report of what you employer said about you. This might be useful in your situation.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
posted Sep 8, 2010 12:17 PM [EST]
Answer to Is the no-compete clause valid in California?
Hello.Generally, non-compete agreements prohibiting a former employee from engaging in a business similar to that of his employer are non-enforceable in California.
However, confidentiality agreements and non-solicitation agreements which are often parts of the non-compete agreement are enforceable in many cases.
Thanks,
Arkady Itkin
posted Jun 13, 2010 11:38 PM [EST]
Answer to Constructive discharge due to hostile work place
Hello.The standard for constructive discharge is quite high and whether your situation was egregious enough to be found "objectively intolerable" by court depends on the specific details of your employment.
As you may know, being rude and unfair is not illegal at workplace, and to be constructively discharged the conduct of the employer must be more severe than just that. For unemployment benefits determination, the standard is much lower, but again - the details make a difference.
What exactly was your manager doing that caused you to leave the workplace? What specifically are the worst things he has done and/or said that you believe caused you to leave?
Thanks,
Arkady Itkin
posted Jun 1, 2010 10:39 PM [EST]