Arkady Itkin

Since 2007 our office has been dedicated to representing San Francisco and Sacramento area employees and victims of serious injuries in a wide range of employment, wrongful termination and injury cases. Individual approach to each client and each injury or employment case is what distinguishes us from other attorneys, as we recognize that each case is as different as each person who has been either injured or aggrieved by their employer.

• Free Consultation
  Brief free consultations by phone and e-mail.
• Credit Cards Accepted
• Contingent Fees

California

Since 2007

Law Clerk

Union Pacific Railroad Company

2005 - 2006

Law clerk.

Paralegal

Choulos, Choulos & Wyle

2001 - 2004

Paralegal support to a personal injury attorney.

California State University - San Francisco State University

B.A | Philosophy

2001 - 2004

Honors: Dean's List

University of the Pacific

J.D | Law

2004 - 2007

California Employment Lawyers Association

Member

2007 - 2008

San Francisco Trial Lawyers Association

Member

2007 - 2008

American Bar Association

Member

2007 - 2008

Sacramento County Bar Association

Member

2007 - 2008

Q. wrongful termination

January 11, 2015

A: Termination that's unfair or unjustified is not illegal unless it's due to unlawful discrimination or retaliation. In your case, if you were in fact an at-will employee, the reasons that you mention for your termination do not make it illegal. An employer does not owe an employee a valid reason for termination in the absence of agreeing otherwise.

Thanks,

Q. Can I be fired or laid off while on WC? I have a feeling my company may try to let me go.

January 11, 2015

A: Hello,

It is possible that the company will fire you. Even though terminating an employee because of disability or workers comp claim is often illegal, that doesn't mean that the employer still can't choose to violate the law and terminate you.

Thanks,

Q. Can I amend the complaint and include the Union, in my discrimination case against employer?

January 11, 2015

A: Theoretically, you can add the union to your complaint. However, in the vast majority of cases, this is neither appropriate nor worth to. Your union was not your employer, so they can't be charged with the same claims. The only claim that can be brought against the Union is for breach of duty of fair representation. The standard for proving that claim is very high - you have to show that the union's failure to represent wasn't merely a business decision, but it was motivated by prejudice or discrimination against you. Because of this very high standard of proof and because very few cases meet this standard, the majority of claims against unions are dismissed for lack of evidence. Before you add that claim, you should consult with an attorney, to make sure that doing this will not simply delay and complicate your case without adding any benefit.

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