Answers Posted By Arkady Itkin

Answer to I was off on a year leave of absence and was awol separated from my job...the paperwork was already filled out just didn't have it in hand and couldn't pick it up due to covid... I been struggling every since... I believe I'm the only one in that departme

Hello. It's possible that you may have a legitimate claim for wrongful termination if you were off due to a medical condition and the employer was aware of it. You should discuss the details of your separation with an experienced employment attorney to determine your legal options.

Thanks,
Arkady Itkin

posted Jun 29, 2021 3:08 PM [EST]

Answer to The company that has paid my corporation for three years wants to make me an employee,start taxing,and w-2 me. I want to stay independent and keep paying my Corp.

If under California law you are considered an employee, based on your job duties and your relationship with the company, then the employer is obligated to classify you as an employee regardless of what either of you prefer.

posted Feb 28, 2021 10:56 AM [EST]

Answer to Forfeiture agreement in California

It would be necessary for an attorney to review your forfeiture agreement and learn a number of other facts about your situation in order to provide effective advice.

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Arkady Itkin

posted Apr 6, 2020 10:37 AM [EST]

Answer to What are my options for continuing my lawsuit after the firm I hired mishandled my case??

The best thing for you to do at this point is to review your case in detail with another, trusted employment attorney and decide what the best course of action is in light of all the specific legal and practical circumstances of your situation, including any upcoming deadlines, court hearing dates, etc...

Thanks,

Arkady Itkin

posted Dec 9, 2019 2:56 PM [EST]

Answer to I am current a software engineer and getting offered a infrastructure engineer position in a acquisition. The base salary is the same and bonus is 5% more. However the infrastructure engineer position is a definite downgrade and treated as a lesser positi

Hello. What is your question about your situation?

Arkady Itkin

posted Oct 19, 2019 09:27 AM [EST]

Answer to lay-off employee to not give retention bonus

Hello. The answer to your question depends on the precise language of the employment agreement referring to retention bonus. You should have it reviewed by an experienced employment attorney to determine whether you have a potential legal claim for this unpaid retention bonus.

Thanks,

Arkady Itkin

posted Sep 18, 2019 11:11 AM [EST]

Answer to Can salaried sales emp'ee get overtime? I am expected to work weekends in addition to the rest of the week. Salary 90k annually.

Hello. If you are correctly classified as exempt from overtime pay, then this would not be unlawful. For more information, please refer to this page: http://www.arkadylaw.com/administrative-exemption-overtime.html />

Thanks,

Arkady Itkin

posted Sep 12, 2019 9:56 PM [EST]

Answer to Can my employer extend my probationary period indefinitely? Its been over 2 years!

Hello. Generally, "probationary period" is a misnomer. If you are an at will employee, an employer can change your terms and conditions of employment at any time for any reason or no reason (except for discriminatory reasons, i.e. due to age, race, disability, sexual orientation, religion, etc..). This means that as long as the employer is free to pay you the same amount that they pay on "probationary" period as long as they want. You can ask or negotiate and increase, but you cannot legally demand it.

Thanks,

Arkady Itkin

posted Jul 6, 2019 7:05 PM [EST]

Answer to if a position is being eliminated shouldn't there be a severence offered

Although many companies choose to pay severance to their separate employees, there is no law that obligates them to do so, except in a few limited circumstances, such as mass layoffs or when there is a employee-employer contract providing for severance terms. Otherwise, an employer is free to issue or not issue any severance.

Thanks,

Arkady Itkin

posted May 21, 2019 12:19 AM [EST]

Answer to No OT if making more than double minimum wage? CAlifornia

Hello. There is a number of requirements that, if satisfied, would allow an employer to classify an employee as "exempt" and thus not eligible for overtime. All of the requirements have to be satisfied. Some of the key requirement are, the duties of an employee have to be truly those of a manager, and he has to be paid a salary that doesn't depend on the amount of hours worked equivalent to at least twice the minimum wage. If the employees are paid less when working less than 8 hours per day, then they are likely not correctly classified and should be paid overtime. For more information on this, please see this page on our site: http://www.arkadylaw.com/administrative-exemption-overtime.html />
Thanks,

Arkady Itkin

posted May 13, 2019 11:10 AM [EST]
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