Answers Posted By Arkady Itkin

Answer to When I was fired my boss told me they were going in another direction and

It's possible that you have a legitimate retaliation and wrongful termination case, but more facts are needed to determine this, including what specifically you complained about as far as harassment went, the employer's responses, their statement to EDD and their version of their reasons for termination and other factors. You should speak with an experienced employment attorney to determine whether there is sufficient evidence to pursue a case.

Thanks,

Arkady Itkin

posted Dec 21, 2016 10:08 AM [EST]

Answer to Can I be fired by my employer for the following in California? I was put into a role that was previously held by 2 senior managers. I didn't get a promotion or an increase and they put a junior analyst under me. I was never changed in the system to a Mana

If you are an-will employee, you can be terminate for any reason or no reason (except for discriminatory or retaliatory reason). If the employer chooses to terminate you for something you said, this would not be illegal, regardless of whether what you said was true and factual or not.

Thanks,

Arkady Itkin

posted Dec 18, 2016 11:57 AM [EST]

Answer to Am I entitled to overtime?

Hello,
If you were paid correctly for overtime on Tuesday, Wed and Thursday, then you should be paid for for 2 overtime hours on Friday (8 regular plus 2 overtime). Otherwise, if you are paid for 9 overtime hours in addition to being paid overtime for each day, then it would mean you are paid twice.
In sum, the correct way to pay overtime in your situation would be:
Monday - no overtime.
Tuesday / Wednesday: 2 hours of overtime at 1.5 time your regular rate.
Thursday: 4 hours of overtime at 1.5 times your regular rate and 2 hours at double the regular rate.
Friday: 2 hours at 1.5 time of your regular rate.

Thanks,

Arkady Itkin

posted Dec 16, 2016 11:28 AM [EST]

Answer to I am on ADA with probable return to work on 12-26-16. I just found out last week that the company I work for sold out to another company. When I went in last week to fill out the paper work I was informed by the New company's HR person that they could not

Hello.
The employer's obligations to accommodate depends on a lot of factors, including your job duties, limitations, the employer's business, their resources, etc... You should discuss your situation with an experienced employment attorney to find out what your legal and practical options are.

Thanks,

Arkady Itkin

posted Dec 7, 2016 3:15 PM [EST]

Answer to My employer gave me a severance agreement with a termination date of Feb. 28, 2017, my employer informs me that I cannot sign the severance agreement before Feb. 28, 2017, and if I find a new job before then, I won't get the severance, is this legal?

First, the severance itself is at the employer's discretion and the employer is not obligated to provide any severance. If they wish to condition it upon your not being employed until January 31, 2017, they may do and it doesn't violate any laws. It is puzzling, however, why they care. On a practical level, if you find a job but start working at a job a little after January 31, 2017, to give you time to receivve severance and close out everything with this employer, then you should be fine.

Thanks,

Arkady ITkin

posted Dec 5, 2016 9:22 PM [EST]

Answer to Current company being purchased - have to go through re-hire

In the absence of extenuating circumstances, you should have no problem obtaining unemployment benefits. I assume the original company was making proper contributions to EDD as required, so this should not be an issue for you and the fact that the company is being acquired should not make a difference to this.

Thanks,

Arkady Itkin

posted Dec 4, 2016 12:51 PM [EST]

Answer to i was in the hospital for a week total between two different occasions and i had doctors notes for both times. When i called my boss, he told me to

Hello. More information is necessary to determine what your right are, including the nature of your job, the size of the company and very importantly - the specific nature of your medical condition that resulted in your absence. You should discuss your situation with an experienced local employment attorney.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer

posted Oct 21, 2016 10:05 PM [EST]

Answer to Cann an employee request the video of what was alleged alligation

You can ask for a video, but the employer may or may not provide it to you. They have no legal obligation to show you the video until and unless a lawsuit for any type of wrongful termination claim is filed, and then the employer will likely be obligated to disclose the video in discovery.

Thanks,

Arkady Itkin

posted Oct 10, 2016 08:41 AM [EST]

Answer to I have been taken off work by my doctor for mental health issues and want to apply for short term disability. Can my employer fire me while i am on leave by my doctor and can that effect me receiving my std? Im in California

1. Whether you are terminated or not will not affect your elibility for SDI benefits if you are otherwise eligible.
2. With regard to the other part of your question, please read this posting on our blog for useful information and correct answer to your question: http://www.sanfranciscoemploymentlawfirm.com/2016/09/fired-disability-leave.html />

Thanks,

Arkady Itkin

posted Sep 10, 2016 08:04 AM [EST]

Answer to defamation of character?

It sounds like you may have a legitimate defamation case against your former employer and possibly others who "re-published" the defamatory statements. It would be critical to secure a sworn declaration from at least one person who heard the former employer state that you were using / addicted to drugs to make a case. You should discuss your potential claims and legal options with an experienced employment attorney.

Thanks,

Arkady Itkin

posted Aug 30, 2016 9:57 PM [EST]
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