Michael Robert Kirschbaum’s Answers

Michael Robert Kirschbaum

Irvine Employment / Labor Attorney.

Contributor Level 20
  1. Can an employer terminate me if I refuse to sign a non-disclosure and non-compete agreement?

    Answered almost 2 years ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Michael Charles Doland
    4. Patrick John Phillips
    5. David Andrew Mallen
    5 lawyer answers

    In California, non-compete agreements are legally unenforceable and against public policy (Business and Professions Code, section 1660). California case law has held that employers who terminate employees because they refuse to sign a non-compete agreement, are liable for damages fr wrongful termination. Non-disclosure agreements are different and may be legal if drafted properly. Even though you have been coerced to sign the agreement, it still may not be enforceable because of the...

    29 lawyers agreed with this answer

  2. Do I have a racial discrimination case?

    Answered almost 2 years ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Marilynn Mika Spencer
    3 lawyer answers

    If this company has a track record of treating people of a particular race less favorably than those of other races and one of the decision makers or a person who can influence the decision to hire or fire has made comments which reflect racist considerations, you do have evidence which indicate racial discrimination. These are facts that need to be investigated and evaluated by experienced employment law counsel. I suggest you contact one or more attorneys in your area to get a legal...

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  3. Do I hire a sexual discrimination lawyer

    Answered almost 2 years ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Craig Trent Byrnes
    4. Todd Friedman
    5. Timothy Blaise Broderick
    5 lawyer answers

    Talk to him. Explain to him how his text made you uncomfortable and ask him to please not send you any more messages of that nature. But save the text and start keeping a diary of any further events or actions you believe may be retaliatory, including the names of any witnesses to the event. Meanwhile, if you truly believe you cannot continue working there, start looking for other employment but don't quit this job until you find a better one. Part of the definition of sexual harassment,...

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  4. What are the laws about sexual harassment in California by the owner of a business

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. Thomas Anthony Schaeffer
    3. Deborah Barron
    4. Neil Pedersen
    5. Marilynn Mika Spencer
    5 lawyer answers

    Are you saying your employer is treating you this way because you will not continue the "relationship" with him? If so, any tangible acts of retaliation are unlawful. But, quite honestly, I do not see how the employment relationship can continue. My suggestion is to give some serious consideration about negotiating a separation agreement. You will probably need an employment law attorney to effectively accomplish this.

    16 lawyers agreed with this answer

  5. I went to the Labor commission because my employer didn't pay me, and won my case. What do I do now?

    Answered almost 2 years ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Frank Wei-Hong Chen
    4. Patrick John Phillips
    4 lawyer answers

    There is no need for you to go to small claims court because the award you received from the DLSE will become a judgment, if it has not already done so. You will need to check with the court of local jurisdiction to make sure this happens. However, collecting on the judgment can often be a real problem with small employers that close up shop. An option you have available to you is to serve the owner of the company with a judgment debtor examination which must be scheduled with the court....

    14 lawyers agreed with this answer

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  6. If I ask out my secretary is that sexual harassment?

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. Michael Charles Doland
    3. Marilynn Mika Spencer
    4. Harry Edward Hudson Jr
    5. Afshin Mozaffari
    6. ···
    11 lawyer answers

    No. Asking an employee out is not sexual harassment, unless she has made it clear she is not interested. Then is could become a problem. However, it is a recipe for disaster. It is a terrible idea to mix business with pleasure with your secretary. You are in a position of power over her job. If anything should go wrong, or even if nothing goes wrong, it can create a very uncomfortable working relationship and may prevent you from being an effective boss. These kinds of relationships often do...

    15 lawyers agreed with this answer

  7. Are employees entitled to have vacation, or employers have the discretion to provide or not provide vacation to them?

    Answered over 2 years ago.

    1. Michael Robert Kirschbaum
    2. Frank Wei-Hong Chen
    3. Mark Harrison Wagner
    4. Marilynn Mika Spencer
    5. Gian M. Fanelli
    6. ···
    6 lawyer answers

    There is no law that requires employers to provide vacation pay. Pay for vacation, holidays, sick days, etc. it a fringe benefit that may be negotiated for or is often part of a benefit offered by the employer. The employer has the right to define the eligibility criteria which must be met to receive such benefits. The only caveat is that once the benefit has been earned, it cannot be forfeited. So, if you have already earned some vacation pay under the old policy, the employer cannot take it...

    15 lawyers agreed with this answer

  8. Is it a trade secret if I already knew of it before I began working for the company?

    Answered almost 2 years ago.

    1. Michael Robert Kirschbaum
    2. Craig Trent Byrnes
    3. Marilynn Mika Spencer
    4. Michelle A. Perfili
    4 lawyer answers

    Many companies seem to think that anything and everything an employee uses during their employment is a trade secret. Most of the time they are incorrect. Sometimes employees come to a company with their own contacts or book of business. In some industries, customer information is available to all competitors. Just because a company does business with a customer, that does not give the company exclusive access to the customer, nor can it prevent an employee from continuing their relationship...

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  9. Give reasons for objecting an Exhibit?

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Yes, there must be a legal basis stated for the objection. You would need to be familiar with the evidence code to know what reasons you can object to the introduction of an exhibit; and there are many. It could be as basic as relevance, it is heresay or the fact that there has been no foundation laid for its authenticity. But without knowing the facts of your case, I cannot sit here and type out the evidence code for you.

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  10. Is it discrimination for a private Christian university to terminate a theology professor for coming out as a trangender?

    Answered over 1 year ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Yu Tong
    4. Kristine S Karila
    4 lawyer answers

    While it is true that private businesses and universities are subject to anti-discrimination laws, churches are not. By extension, religious based schools and universities may also be exempt from state and federal anti-discrimination laws, if they are religious based schools, although there has been much litigation over what is religious based vs. secular instruction. This is a very complex issue, one which is not possible to summarize here or provide a black or white answer. If you have...

    13 lawyers agreed with this answer

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