Answers Posted By Arkady Itkin

Answer to do disability discrimination settlement cases have to pay taxes

Yes, generally disability discrimination claim settlement are considered income and are taxed like any other income.

Thanks,

Arkady

posted Apr 17, 2016 10:20 AM [EST]

Answer to I was recently informed that my position was eliminated and was offered severance pay. I requested for money to be put into my 401k for which my employer said they would not. Are they legally required to do so in ca if employee requests.

Hello,

There is no such requirement and the employer is not obligated to put severance into 401k. You might have options to do so yourself. It might be a good idea to discuss this with your banking or investment person.

Thanks,

Arkady Itkin

posted Jan 14, 2016 01:29 AM [EST]

Answer to My employer is about to terminate me because the doctor placed unknown as a return to work date. If I am terminated, can I receive unemployment benefits?

Hello. First, you should at least advise your employer yourself in writing that you will provide additional documentation and clarification they need, even if it takes a big longer. Their deadline is not a legal deadline but their own set deadline, so they should be able to give you more time to submit the proper paperwork.

If you want them to terminate you, you will likely qualify for unemployment benefits if you have any reasonable explanation for the delay for providing the completed FMLA paperwork as requested.

Thanks,

Arkady Itkin

posted Jan 7, 2016 4:43 PM [EST]

Answer to California: If I was in the middle of my probationary period and quit before the end of my probationary period, am I still entitled to my pay?

Yes, you are entitled to be paid for all hours of your work regardless of your probationary status. That status has no relevance to your right to be compensated.

Thanks,

Arkady Itkin

posted Dec 10, 2015 10:36 AM [EST]

Answer to While I was on disability for a surgery, My employer kept calling and writing my Dr.'s office to obtain information about me, but never asked me directly how I was. Because she went to the same Dr. she tried to get information from them. I feel this was h

Hello.

This is one of the more common misconception among employees. Please see mistakes #1 on this page for the relevant information responsive to your question:
http://www.arkadylaw.com/requesting-medical-leave--disability-accommodation.html

Thanks,

Arkady Itkin

posted Dec 6, 2015 10:07 AM [EST]

Answer to If you settle a CA labor board case what particular amounts are taxable? Only wages earned, or all of the amounts? (Wages not paid, etc.)

Any award for unpaid wages is taxable as any other income, and it should be declared in your income tax.

Thanks,

Arkady Itkin

posted Dec 1, 2015 11:12 AM [EST]

Answer to My company is forcing me to do unethical things, can I quit and receive unemployment benefits.

Chances are you will not qualify for benefits. The potential ethical violations do not concern you directly and do not seem to affect you directly, so to meet the necessary "good cause for resignation" standard to qualify for benefits would be hard, if not impossible under the circumstances.

posted Nov 21, 2015 09:42 AM [EST]

Answer to Can I sue? I worked for USPS and quit to work for the corny I'm with right now. One of the reasons I chose to leave was bcz of the way my co-workers argued with the supervisors. They (both co-workers and) supervisors screamed loud and cursed at each other

There doesn't appear to be a valid reason for suing. Screaming and yelling and other types of unfair treatment are not illegal unless there is specific evidence that the reason for that treatment is unlawful discrimination or retaliation. In the absence of such evidence, the employer did nothing illegal.

Thanks,

Arkady

posted Nov 15, 2015 11:27 AM [EST]

Answer to I just found out that I am "ineligible for rehire" after an industrial leave. What are my options?

Hello.
Interesting, you likely had a valid disability discrimination and wrongful termination case at the time of your separation. Today, however, there is not much you can do to force the employer to re-hire except request that they change your status. It would be completely up to them whether to hire you again or not and they cannot be legally compelled to do so.

Thanks,

Arkady Itkin

posted Nov 13, 2015 02:13 AM [EST]

Answer to FMLA - being refused vacation time unless it is FMLA related - is this legal & what do I do?

Hello.
An employee may choose and an employer may require that an employee use accrued paid vacation or other types of paid leave to cover some or all of the time that could be covered under FMLA, so this is allowed under the law.

Thanks,

posted Jun 28, 2015 5:25 PM [EST]
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