Answers Posted By Arkady Itkin

Answer to I routinely work more than 40 hours a week. However, my employer is not paying me overtime as they are claiming that they hours in excess of 40 are considered

It sounds like you might have a legitimate claim for unpaid overtime. Whether it's a good idea to bring an actual claim depends on the amount owed, the likelihood that your employer retaliate and whether it matters to you and other factors. You should discuss your legal options with an experienced employment attorney in your geographic area.

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer

posted Apr 19, 2015 6:46 PM [EST]

Answer to can I take legal action against my proir employer

Arguably, it was a mistake not to comply with your doctor's instructions to be off work regardless of what the employer wanted. Now, this is a workers comp case.

posted Apr 14, 2015 09:45 AM [EST]

Answer to Will income coming out of stock trading disqualify me from getting UI benefits?

Depending on how much you make, you have to report it as income, just like you would any other income and it will either reduce your benefits or completely offset, depending on the amount you make.

Thanks,

Arkady Itkin

posted Apr 9, 2015 6:59 PM [EST]

Answer to Can a requirement to re-pay a relocation assistance be enforced contractually if the offer letter states none of the letter is to be construed a contract in California

More likely, the letters state that it's not considered a contract for employment, but relocation assistance repayment provision is enforceable. In these kinds of situations it's best to approach the employer in person and work out a deal informally and amicable. In many cases, the employer will reduce or waive the obligation with the right approach on an employee's part.

Thanks,

Arkady

posted Feb 9, 2015 11:51 AM [EST]

Answer to WWhat are my rights if the accuser. Is rehired

Hello,

The rehire for the accuser has no legal relevance to any of your potential rights. Based on what you described, your termination was not unlawful and the recent rehire does not change that.

Thanks,

Arkady Itkin

posted Jan 20, 2015 12:18 AM [EST]

Answer to I need an attorney to review a severance agreement. How do I go about finding one?

Many employment attorneys review and advise on severance agreement, for a moderate fee.

Thanks,

Arkady Itkin
San Francisco & Sacramento Employment Lawyer

posted Jan 10, 2015 8:01 PM [EST]

Answer to How does a legal settlement affect one's eligibility for California EDD UI?

This is completely normal and standard, and you don't need to report this to EDD as long as the settlement is paid as a one-time lump sum rather than over a few months, as if it was recurring income.

Thanks,

Arkady Itkin

posted Feb 19, 2014 9:15 PM [EST]

Answer to Do I have the legal option to sign the paper doc of the Arbritration Agreement?

Hello, Elizabeth.

Usually, signing an arbitration agreement is mandatory in order to continue or obtain employment. Companies do it for several reasons, but mainly to protect themselves as there are some advantages to arbitrating cases v being in court for employers that are beyond this question.

On a practical level, I don't think you should make a big deal out of it. If you have been working there for 15 years and everything is fine, signing and arbitration agreement is not going to hurt you and jeopardizing your employment or relationships with co-workers by making an issue out of this is probably not worth it.

Unless you are planning to sue Ross for any kind of violation in the near future, signing this agreement is not going to affect your rights. If one day you have a legal disputes with them, Arbitrations have their own blessing, so it's not necessary a bad thing for you.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer

posted Apr 5, 2013 3:48 PM [EST]

Answer to Typical Length of Time at one client

Hello.

This factor is very insignificant and if other factors lean toward the contractor classification, length of servcice along should not be a concern. The most important factor for tax and for employment law purposes is the degree of control that the employer exercises over the worker.

Thanks,

Arkady Itkin
San Francisco / Sacramento Employment Lawyer
www.arkadylaw.com

posted Mar 6, 2013 10:10 AM [EST]

Answer to What can I successfully do from a legal standpoint? My Public Sector Job

Hello.

Because the law only protects employees from discriminatory or retaliatory actions (based on protected class or protected activity) and it doesn't protect from unfair or hurtful treatment which is not discriminatory, there is not much that can be done legally under the circumstances.

Practically, one of the best way to handle this is to apply or request a transfer to a different position/department. This might take a while, but it might just be the most effective way to deal with the situation.

Thanks,

Arkady Itkin
Sacramento Employment Lawyer
www.sacramentoemployeelawyer.com

posted Jan 3, 2013 11:41 AM [EST]