Answers Posted By Arkady Itkin

Answer to How to collect against non-payment of invoices from work performed

Dear Mr. Koury:

Depending upon the amount, you have the option of bringing a claim with the labor board for the outstanding amount or filing a lawsuit against the company for breach of contract. Of course, having financial constraints is neither an excuse, nor justification for failure to pay.

Thanks, and feel free to follow up.

Arkady Itkin
Law Office of Arkady Itkin
http://www.arkadylaw.com

posted May 16, 2010 11:22 AM [EST]

Answer to Do I have to disclose a dimissed charge of battery to a CA governing licensure board?

Hello.

The best way to find an answer to this question is to anonymously contact the hiring department at the agency and ask them directly. This is not so much a legal question as it is a matter of a specific internal rule that one agency might or might not have.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer
http://www.arkadylaw.com

posted Apr 26, 2010 8:38 PM [EST]

Answer to What remedy is there for false accusations that defame your character?

Hello.

It sounds like your employer simply tries to comply with the law. They have to investigation the allegations, whether they are true or not. You need to participate in the investigation in good faith, and submit your side of the story.
You could bring a defamation claim against the accuser, but at this point it would be premature.

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com

posted Apr 19, 2010 12:59 AM [EST]

Answer to Am I protected from retaliation for blowing the whistle on a violation of company policy?

Hello.

Yes, generally you are protected from retaliation. this of course doesn't mean that the employer cannot retaliate you and knowingly violate the law. Depending upon how strong the evidence of retaliation is (the link between your activity and the action taken against you which is usually the most difficult part of proving retaliation) you should consult an attorney or file a retaliation charge with your local branch of DFEH (Department of Fair Employment and Housing). The employer will of course argue that your transfer and other changes have nothing to do with your reporting the violations and it will be important to have at least some evidence (such as witnesses, proximity in time, their prior knowledge that you were the one blowing the whistle, etc...)

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com

posted Feb 11, 2010 11:19 PM [EST]

Answer to Can I sign a severance agreement after expressing a desire to renegotiate the terms?

Renegotiating the severance will be much harder after you sign the agreement. The 7-day deadline is usually not very seriously and is only provided to put some pressure on you to close the deal and for both you and the employer to move.

You should contact your employer and ask for extension (a week or two) to discuss your severance package, preferrably with the counsel of an experience employment attorney who can make sure that the release you will be signing is fair and protects you as well as it protects the company.

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com

posted Jan 18, 2010 10:36 PM [EST]

Answer to contract not renewed because medication side effects

Hello.

The leading federal case on this issue is Humphrey v. Memorial Hosps. Assn. (9th Cir. 2001) 239 F.3d 1128, 1139-40, where the court stated that conduct resulting from a disability is considered part of the disability, rather than a separate basis for termination. Another court held that failure to consider the possibility of reasonable accommodation for such disabilities, if it leads to discharge for performance inadequacies resulting from the disabilities, amount to discharge... because of the disabilities. Borkowski v. Valley Cent. School District (2nd Cir. 1995) 63 F.3d 131, 143.

However, one of the challenges in your specific situation is that you were an employee for a specific term, so you were not really terminated. The employer simply didn't renew the contract that they were at perfect liberty to not renew anyway.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer
http://www.arkadylaw.com

posted Jan 9, 2010 02:12 AM [EST]

Answer to Can I sue my employer for requiring me to go to work when I am sick providing a doctor's note?

Hello.

It's quite possible that it is unfair and unjust that you were reprimanded for taking a day off due to being sick. If it's just a one-time incident, it's worth letting it go. If, however, you believe that this is just part of series of attempts to create a paper trail to terminate you, you should start preserving all evidence you have (e-mails, notes, performance reviews) while you are still there, make sure your performance is satisfactory and consult with an attorney sooner than later. You might not be able to prevent your termination, but having "weapons" lined up once the employer takes action against you might prove to be useful in the future.

Thanks,

Arkady Itkin
Sacramento & San Francisco Employment Lawyer

posted Jan 2, 2010 12:01 PM [EST]

Answer to Can my employer advertise my position at work while I am on Disability Leave?

Hello.

This is a very good question. It is not illegal for the employer to seek temporary worker for your position if you are out on disability. Generally, your employer has to reinstate you to a similar or comparable position upon return. This means that if your employer will really create a new position, which will be comparable in terms, conditions and compensation to your prior position, they will satisfy their obligation under the disability laws.

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer

posted Nov 11, 2009 10:03 PM [EST]

Answer to How can I go to HR about my manager without her retaliating?

It is quite common for managers to develop natural hostility towards an employee who complains about them. The important thing to understand is that the manager's retaliatory acts are only illegal and actionable if the retaliation take place in response to complaining about protected activity or exercising your rights under Cal. Fair Employment and Housing Act and a limited number of other provisions. Your complaints about his management style are not a protected activity, and therefore, retaliating against you will not be illegal.

I guess you are facing with a choice of not complaining any more about the management style, seeking transfer or another position or looking for alternate employment if you find it impossible to work with the existing manager.

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com

posted Oct 28, 2009 09:30 AM [EST]

Answer to Is an electronicly knowledgedment of a non-compete agreement included in our company handbook valid?

Hello. The answer to your question and concern depends on several other issues that must be discussed in your employment handbook and the non-compete clause, including any agreement between you and the employer as to where your disputes will be litigated or otherwise resolved.

If the disputes are to be resolved under California law, then most likely (although to be sure, I have to see and read it) the non-competition clause is invalid. If Arizona law applies, things might be different.

Thanks,

Arkady Itkin
San Francisco / Sacramento Employment Lawyer
http://www.arkadylaw.com

posted Sep 22, 2009 12:03 AM [EST]