Answers Posted By Arkady Itkin

Answer to Hi, I was on medical leave for a few months and returned to work this week. However, before I returned I was informed by the new manager of our department that my position was being eliminated and that they distributed my duties to other personelle and th

Hello.
1. Whether this elimination of your position was legal depends on the type of medical leave you took, your job duties, employer size and other factors.
2. You will be entitled to unemployment if you can show "good cause" for resignation. In this case, this would be significant reduction in pay (30% or more) and in duties. Anything less than that, will put your eligibility for unemployment benefits at risk, unless you are able to agree with your employer that they lay you off without offering that other position, and then collecting unemployment benefits shouldn't be an issue.

Thanks,

Arkady

posted Apr 26, 2019 09:35 AM [EST]

Answer to Can I sign up for unemployment benefits if I am on a severance package

Yes, you can. Receiving severance does not disqualify you from unemployment benefits. Thanks.

posted Feb 18, 2019 10:05 AM [EST]

Answer to Can my attorney be present at my Skelly hearing?

You absolutely have the right to bring your own attorney to the Skelly hearing to represent you.

posted Dec 3, 2018 11:50 AM [EST]

Answer to Would taking maternity leave impact the eligibility of getting the retention bonus?

The answer to your question depends on whether a bonus is performance / goal based and whether you achieved that goal with or without taking leave. If your retention bonus only depends on being actively employed, then you should be eligible for it, since being on leave doesn't change the fact that you are still employed with the company. The employer might still refuse to pay that bonus or portion of it. If that happens, you should seek legal assistance at that point.

Thanks,

Arkady Itkin

posted Oct 23, 2018 04:29 AM [EST]

Answer to Can my employer deny me time off to go to a family members funeral

California law does not require employers to provide bereavement leave or leave to attend funerals, so the employer can lawfully deny your request to attend a funeral.

Thanks,

Arkady Itkin

posted Oct 10, 2018 11:22 AM [EST]

Answer to I was fired for not meeting 90 day probation period but i had been ther for more then 90 days, is that something i can sue the company for?

In the context of at-will employment period, probationary periods have no legal significance, and an employee can be terminated for any reason, fair or unfair, or no reason, except for when there is specific evidence that the true reason for termination is illegal - i.e. due to age, race, disability, sexual orientation, etc...
Otherwise, whether you were terminated before or after 90 days does not make a legal difference, whether the employer called it one thing or the other.

Thanks,

Arkady Itkin

posted Aug 5, 2018 10:48 AM [EST]

Answer to Getting laid off while still on maternity leave due to team relocation.

Hello. If the is a true lay-off and office transfer to a different location and there is no evidence that this is an excuse to get rid of you because of your leave, then this would not be illegal so no claim can be made.

Thanks,

Arkady Itkin
San Francisco / Sacramento Employment Lawyer

posted Jul 14, 2018 11:20 AM [EST]

Answer to I was fired last Tuesday for excessive absenteeism. The next day I became violently ill with a condition that would have been covered under FMLA, but I was unaware of the diagnosis until I went to the ER. I am not saying my employer did anything wrong, bu

Hello. Unfortunately, post-termination FMLA notice is not going to create an obligation on the employer's part to reinstate your employment, so this would not be effective in achieving this goal.

Thanks,

Arkady Itkin

posted Jun 12, 2018 12:09 PM [EST]

Answer to Question about relocation/termination rights

Hello. There is no law that governs the timing in this type of situation (unlike in mass layoff, many of which are subject to WARN act). Here, the employer doesn't seem to be violating the law.

Thanks,

Arkady Itkin

posted Mar 5, 2018 11:03 AM [EST]

Answer to I have been working for the same company for over 6 years now (In California) now all of a sudden have to clock in and out and was told I have to take my lunch at 12:30 everyday I am the only one they are telling to do this ? not a happy lady thank you

It's quite likely that your employer learned or realized that you might have been misclassified or not paid properly for your hours, overtime or lunch breaks, or they have been hit with a claim by another employee, and now want to make sure they keep a good track of hours worked and breaks.

Thanks,

Arkady Itkin

posted Jan 22, 2018 4:58 PM [EST]
Displaying answers 11 - 20 of 100 << Previous Page Next Page >>