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Arkady Igor Itkin's Answers
Contributor Level 12
- 186 Legal Answers
- 6 Legal Guides
4
Attorney answers:
I was in a car accident in August, 2011. Almost 6 months later my doctor wants me to get x-rays done where I've been hurting
Good question. Sometimes there are degenerative changes in the bone/muscle structure that don't show up immediately after the accident, and it's well worth taking x-rays to make sure that you don't have those, and if you do get an appropriate medical care. Of course, all things equal, if these changes can be linked to the accident, this should increase the settlement value of the case. Thanks, Arkady Itkin San Francisco Accident Injury Layer
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3
Attorney answers:
What is the best approach? When:
Hello. It's hard to believe that someone would do that. First, if the court ordered to have the complaint served, it needs to be done sooner than later, otherwise nothing will happen in the case. Hopefully, there is a way to contact witnesses. If not, you might have lost on a significant advantage of corroborating testimony. This is not always fatal to the case, but witnesses to important events surely help. I cannot imagine why dismissing WC case would be a good idea. Two...
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3
Attorney answers:
Does the $150k cap for damages recovery under FEHA apply to back-pay and out-of-packet expenses? Is emotional distress separate?
Hello, The cap only applies to a case if the the Dept of Fair Employment and Housing pursues a case on your behalf. This is the most that the administrative agency can penalize the employer for. If you are represented by a private attorney there is no such limits. There are many factors come in to play when evaluating emotional distress claims and many are intangible. Of course, there is no hard and fast rule on calculating such damages. There is no double recovery for the same...
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3
Attorney answers:
Having to let an employee go
Hello. In this specific case, it would be a great idea to try to separate an employee peacefully. Issuing a severance is a good idea. It should give you the peace of mind and help the employee ease her transition into the job market. And if she only worked for you for a few months, a few months worth of severance is quite reasonable and generous on your part. Make sure that you make the employee sign a Release of all claims after giving her at least 7 days to review the document and...
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2
Attorney answers:
Can a green card holder work at state jobs, government local and community jobs? What are the jobs the jobs available for us?
Hello. Except federal jobs and other jobs requiring security clearance, a green card holder can hold any other job. Thank,s Arkady Itkin
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2
Attorney answers:
EMPLOYMENT LAW - REASONABLE ACCOMMODATION
Hello. It sounds like the plan is correct, although the execution by the employer is not perfect. At this point, you probably don't know if they purposely stifle the interactive process or it's a breakdown in administration that prevents things from running faster than they are right now. Under the circumstance, the best thing to do is to keep track of everything that's going on day by day, including your efforts to be placed to a new job. Also, make sure all your efforts are documented....
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2
Attorney answers:
I'm pregnant and I've been through a lot of stress at work. I was put in a Performance Improvement Plan
Hello. It's possible that your employer is trying to disguise retaliating against you because of your pregnancy by suggesting that you have performance issues. It is important to remember that if you have performance issues that are not related to your condition, that it's appropriate to take action against you regardless of your pregnancy. However, if the issues are fabricated or if they are clearly and directly caused by your pregnancy (if you work a little slower, or unable to move/bend...
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Attorney answers:
Layoff
Under these circumstances, it would be a really good idea to make sure that the lay off is "clean" and it doesn't look like it is been done for improper motive. If the employee finds out that another person was hire in his place, he will likely assume that there has been some kind of cover-up going on. Simply changing the name of the position for the new employees but assigning the same or similar duties to him is not the best solution. Make sure that the reasons for lay-off are valid and...
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3
Attorney answers:
Do private non-profits have immunity from punitive damages in a wrongful termination lawsuit based on disability discrimination?
Hello. It's possible that one attorney was confusing non-profit and public entity. With narrow exceptions for some religious and charitable organizations, as the other attorney noted in his answer, private employers are not exempt from punitive damages, whether they operate for profit or not. Public entities (state, city, and county government agencies) are however exempt from punitive damages. A side note: given how rarely punitive damages are awarded, it should generally not be a...
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2
Attorney answers:
Commision payments after termination
Generally, unless your employment contract provides otherwise, the commissions are due to you if you substantially performed the work that lead to the payment made to your employer. There is no bright line test, but if generally you performed the majority of the steps that were required to earn the commission, you are entitled to commission. Of course, if you closed the deal, that you are generally due commissions, regardless of when the company is paid by the customer. Thanks, Arkady
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