Answers Posted By Arkady Itkin

Answer to What documentation, if any, is HR required to share with supervisors about employee's on LOA?

You may inform other employees or management of the employee's leave of absence, but you must neither ask the employee seeking leave for the exact reasons/diagnosis of the medical condition necessitating leave nor disclose such condition, if known to you, to other employees or management in teh company.

Thanks,

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

posted Sep 2, 2009 12:05 PM [EST]

Answer to what do I do with eeoc's right-to-sue

Generally, you want to avoid federal court if at all possible for a number of reasons, some of which are procedural.

posted Aug 8, 2009 12:38 PM [EST]

Answer to Company Restructure/Severance Pay

Severance

Hello,

Unless the company has a formal policy that binds the employer to paying out severance under certain conditions, severance is purely discretionary act on the part of the employer which might be negotiable with the employer depending upon the circumstance of your employment, and the company' philosophy and paying severance to its employees.

Thanks, and feel free to follow up.

Arkady Itkin
http://www.arkadylaw.com

posted May 30, 2009 2:50 PM [EST]

Answer to Non-Compete as an independent distributor

Non compete agrements

Generally, non-compete agreements are invalid in California with some exceptions and unless they are narrowly construed to achieve a certain, legitimate business purpose. Considering the amount at steak, it would be a very good idea to review the agreement between you and the other party and discuss the specific facts of your business and your prior relationship with the company in Cleveland.

Thanks,

Arkady Itkin
San Francisco Employment Law Firm
http://www.sanfranciscoemploymentlawfirm.com

posted May 2, 2009 5:09 PM [EST]

Answer to At will contract AND Two weeks notice required ... or penalty

Probably void

You are absolutely correct. This kind of contract or at least the clause in the contract is mostly likely void for several reasons. First, as you pointed out, it's unequal. It creats inequality which is likely to be considered adhesive and unenforceable.

On a more practical level, I can't imagine an employer in the right mind to actually go after an employee for damages because the employee quit without notice.

Further, "at will" means that the relationship can be terminated for any reason, no reason or arbitrary reason at any time. This is yet another reason that this contract, being inconsistent, needs to be redrafted to have any validity.

Thanks,

Arkady
www.sanfranciscoemploymentlawfirm.com

posted Feb 22, 2009 01:28 AM [EST]

Answer to Exempt employee wondering if I should have been non-exempt?

Your employment status

Whether you are exempt employee depends on the specific duties you performed. To be exempt, you must primarily (more than 50% of the time on the regular basis) engage in executive/policy making duties.
Something tells me that your position is analogous to that of an insurance adjuster as far as responsibilities go. If that's the case, you are a "production" worker and thus non-exempt. Selling policies and servicing clients is hardly an exempt work as it doesn't involve executive decisions for the company's policies or other supervisory functions. Thanks, and feel free to follow up.

Arkady Itkin
www.sanfranciscoemploymentlawfirm.com

posted Jan 25, 2009 12:30 PM [EST]

Answer to Job termination during pregnancy related disability

Pregnancy related employment question

Hello,

Although more facts are necessary to determine your wife's rights, it is possible that her employer violated disability laws under FEHA by failing to engage in the interactive process to find reasonable accommodations as required by law. This, of course, would depend on the nature of the job of your wife, the kind and the size of her employer and other circumstances. If you would like to discuss this further, feel free to contact me.

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

posted Jan 16, 2009 4:09 PM [EST]

Answer to Employee assaulted by Boss on the job

Answer

Hello, Mr. Hill.

I am sorry about your incident at work.

Although I am located relative far (in San Francisco) I specialize in employment law, including retaliation and violence at workplace, so feel free to contact me to discuss this.

Thanks,

Arkady Itkin
http://www.sanfranciscoemploymentlawfirm.com

posted Dec 23, 2008 12:06 PM [EST]

Answer to Is Two Weeks Notice Required?

No

Hello. Two-week notice of resignation is a mere courtesy and there is no law that provides that an employee must provide any notice of resignation. Thus, even if an employee agrees to provide such a notice, there is nothing in California employment law that mandates that.

Thanks,

Arkady Itkin
www.sanfranciscoemploymentlawfirm.com

posted Sep 13, 2008 7:26 PM [EST]

Answer to California's Alternative Workweek Schedule

Alternative work schedule

Hello.
Great question. First, I would like to make sure that you fully comply in your existing situation. Under California law you can authorize alternative workweeks of workdays exceeding eight hours without overtime pay if specified criteria are met. Such flexible scheduling requires full disclosure to affected employees and the affirmative vote of at least two-thirds of the employees in the affected unit voting in a secret ballot election before performance of the week.

However, the employer must pay overtime at one-and-a-half times the regular rate after 10 hours per day in a 40 hour workweek, and a double the regular rate after 12 hour per days and for any work in excess of eight hours on those days worked beyond the regularly scheduled alternative workweek days.

So, the simple answer is: you have to compensate employees for the extra 2 hours at 150% of the normal rate.

Thanks,

Arkady Itkin
California Employment Lawyer
335 Powell Street, 14th Floor
San Francisco, CA 94102
Tel. (415) 640-6765
Fax. (415) 508-3474
http://www.arkadylaw.com

posted Aug 1, 2008 1:25 PM [EST]