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Questions Answered by Arkady Itkin
1 Answer | Asked in Employment Law for California on
Q: wrongful termination

I was wrongfully terminated because of past errors and was not properly trained. I brought my own laptop for browsing the internet on my lunch hour and worse jeans to work once because my health issues have caused me to gain a lot of weight quickly. The same day I asked my corporate office for... Read more »

Arkady Itkin
Arkady Itkin answered on Jan 11, 2015

Termination that's unfair or unjustified is not illegal unless it's due to unlawful discrimination or retaliation. In your case, if you were in fact an at-will employee, the reasons that you mention for your termination do not make it illegal. An employer does not owe an employee a valid reason... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I be fired or laid off while on WC? I have a feeling my company may try to let me go.

This is my second case in two years. I hurt my knee.

Before t'was my back.

Arkady Itkin
Arkady Itkin answered on Jan 11, 2015

Hello,

It is possible that the company will fire you. Even though terminating an employee because of disability or workers comp claim is often illegal, that doesn't mean that the employer still can't choose to violate the law and terminate you.

Thanks,

2 Answers | Asked in Employment Law for California on
Q: Can I amend the complaint and include the Union, in my discrimination case against employer?

I fried my attorney, when I discovered he failed to file a suit against my former union like we agreed. he filed against my former employer (discrimination) in 08/2013 and kept me in the dark about the union, I'm heading into ADR in 02/2015, can I amend the complaint and include the Union? who... Read more »

Arkady Itkin
Arkady Itkin answered on Jan 11, 2015

Theoretically, you can add the union to your complaint. However, in the vast majority of cases, this is neither appropriate nor worth to. Your union was not your employer, so they can't be charged with the same claims. The only claim that can be brought against the Union is for breach of duty of... Read more »

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1 Answer | Asked in Employment Law for California on
Q: On SDI from non work injury and 3 weeks later got a DUI. Work wants to terminate for no license which I have what 2 do?

My wife is on California state disabilty from work for an auto accident. 3 weeks later she got a DUI in my vehicle and has had her license extended by her lawyer at her DMV hearing. She had a court date and her lawyer appeared for her but no charges have been filed. The arrest date was 7/28/2013.... Read more »

Arkady Itkin
Arkady Itkin answered on Oct 17, 2013

If the driver license requirement for your wife's position is in place, then failure to have a license or having it suspended is a legitimate reason for termination, and her disability does not change that.

If there is some kind of misunderstanding regarding your wife's license and the...
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1 Answer | Asked in Employment Law for California on
Q: I am a California state employee, I was demoted due to job reductions in my classification. My seniority on the

Reemployment list is at the top. I have been offered a job in my previous classification due to seniority. During the process of being demoted I was injured and am currently off on workman compensation. Under federal law do I have a right to my previous classification due to seniority, if I am... Read more »

Arkady Itkin
Arkady Itkin answered on Oct 17, 2013

Whether you are entitled to your classification if you are out on leave due to an injury does not depend on federal or state law, but depends on either your employer's internal classification policies, or - if you are a member of the union - on the rules agreed upon by the union with your employer... Read more »

1 Answer | Asked in Employment Law for California on
Q: Under CA labor laws, if you are not paid for standby, do you have to remain available for your employer?

If you're not available, can they enforce disciplinary actions against you?

Arkady Itkin
Arkady Itkin answered on Oct 17, 2013

If you are an at will employee, the employer can terminate you for any reason or no reason, except terminating you for discriminatory or retaliatory reason would be against the law. Practically, if the employer terminates you because you refuse to be on standby, that will not be a wrongful... Read more »

2 Answers | Asked in Employment Law for California on
Q: I was in disability status and my employer ignored my return to work now I am in laid off status What can I do?

I open a case with the California Fair Employment and housing.but this is just taking too long any help would be appreciated Thank You.

Arkady Itkin
Arkady Itkin answered on Oct 26, 2011

Hello. It's possible that you have a potential disability discrimination claim, especially if the lay-off status is just a "mask" for discriminatory firing. More information is needed however to determine whether there is sufficient evidence to pursue a case. I wouldn't expect too much from DFEH.... Read more »

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1 Answer | Asked in Employment Law for California on
Q: If a company decides to dicontinue life coverage for employees are insures required to offer same to employees privately

If deductions taken out of paychecks suddenly stopped, is the insurer required to offer the employee the option to carrying the same coverage if they so desire?

Arkady Itkin
Arkady Itkin answered on Oct 26, 2011

Hello. There is no such requirement. In other words, nothing would obligate private insurer to continue providing coverage. Basically, once the coverage is discontinued, you are free to purchase the coverage from that company or any other insurer as you wish.

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