Michael Robert Kirschbaum’s 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...

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...

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,...

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.

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...

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...

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.

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...

You do not give up any rights relating to an employment discrimination claim you may have against your employer, if you file a workers compensation claim. Some people have done both. However, whether it is advisable to do so is another matter. It could complicate both the strategic approach to a discrimination claim, as well as the damage component of a civil claim. Many civil lawyers would advise against filing a workers compensation claim unless it is absolutely necessary to do so. I suggest...

Under the rules of American jurisprudence, parties who lose lawsuits do not pay the winner's attorney's fees unless it is called for by the specific statute the lawsuit is based upon. We do have state and federal statutes that permit attorneys' fees to be awarded to the prevailing party in a sexual harassment lawsuit. Generally, a victim of sexual harassment who prevails in trial can be awarded their reasonable attorneys' fees. The judge decides what is reasonable based on many factors provided...