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Michael Robert Kirschbaum

Michael Kirschbaum’s Answers

4,533 total


  • Quit my job becuz itching said i had syphilis but months after i have scabies can i sue m y job or hospital

    I had gone to the doctors after being super itchy for weeks assuming i had lice i was diagnosed with syphilis by the doctors i did my treatment but that itching didn't stop so i quit assuming that i was having axiety attacks from stress job n std ...

    Michael’s Answer

    You have no civil claim against your employer for this. If you can prove you caught scabies at work, you might have a workers compensation claim against it. It would probably require evidence that other co-workers, who worked in the same environment, got it, as well.

    As for the doctors who mis-diagnosed you, you should consult with a medical malpractice attorney for an opinion as to whether the failure to find the scabies fell below the medical standard expected of the doctors you saw.

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  • Can my boss make me work a split shift with out my consent?

    Commission pay

    Michael’s Answer

    When you are an employee the employer gets to tell you when they want you to work. Employees do not have a right to consent to the work schedule, unless it is required by contract.

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  • Can a workplace legally refuse to accommodate a part-time employees hours to attend college?

    I am a part time bank teller for a large corporate bank in California, and my supervisors told me they weren't willing to accommodate my hours with a school schedule at my local community college, can they legally do this?

    Michael’s Answer

    Employers are not legally required to accommodate their employees' personal schedules, including school schedules. It just tells you where this employer places its priorities.

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  • I am seeking legal advice on how to deal with stress, anxiety, frustration and anger from my work place.

    Email from IT Manager: "We are getting alot of requests for upgrading servers instead of reinstalling them. While this is "easier" for Ricky its becoming a hardship on my guys. xxx was up a all night for a qa server and xxxxx and xxxx have alread...

    Michael’s Answer

    Talk to the manager in a professional manner. Explain to him how the email made you feel and that you need to work together productively. There is not much else you can do as this is not a legal issue.

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  • I work in California at a small contruction/solar company boss cannot pay staff again what are my options

    Also my boss is trying to become incorporated how does that change any legal recourse for compensation If the employer is backed up a couple weeks on payroll as it is

    Michael’s Answer

    If you are a non-exempt (hourly) employee, California law requires employers to pay such employees no less than two times a month. Exempt (salaried) employees must be paid no less than once a month.

    Until the business is incorporated, the owner of the company is personally liable for the business debts. If the company properly incorporates, the owner may be shielded from the business debts and only the corporation may be liable for those debts, including wages due.

    It appears to me, this business is struggling. If it is unable to meet payroll, this is a big red warning flag and you should be wary of continuing with the company unless you have reason to believe the financial problems are temporary. It may be time to look for other employment. If the employer does not pay you all wages due to you, you will probably have to file a wage claim with the California Labor Commissioner and hope there are assets available to pay the wages.

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  • Do I have grounds for sueing my employer for compensation negligence?

    I have been with my company for over 2 years. About a year and a half into my tenure, we were bought by a larger company. In my offer letter for my original employment, it was laid out that I would be receiving a 30 day review and 5K raise. I requ...

    Michael’s Answer

    This is no such thing, in law, as compensation negligence. Either you had a contract for specific compensation or you didn't. If you did, the theory for a lawsuit is breach of contract, To be enforceable, the contract must state, in unequivocal terms, how much you would be paid in return for your services. An attorney would have to review the documentation in order to offer a legal opinion as to whether you have an enforceable contract. You should consult with an employment law attorney who can tell you what they think, after such a review.

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  • Is the company I work for discriminating against me for being gay?

    I'm a married man, who is in a same-sex marriage. The company I work for wants me to prove that I am in a same-sex marriage by producing a marriage certificate and signing papers. The papers they want me to sign are specifically only for same se...

    Michael’s Answer

    Off-hand, I cannot think of a legitimate business related reason for having to sign such an affidavit, particularly in light of today's momentous U.S. Supreme Court decision. Have you asked what is this for? I would be interested in the answer.

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  • In California, is there any code prohibiting an employer from starving you of wages so you resign so you cant claim unemployment

    Can an employer in California, make an open ended order keeping you from earning wages, and not terminating your employment in an attempt to force you to resign, thereby making you ineligible for unemployment? Case in point. Ordering you not to re...

    Michael’s Answer

    You do not have to be terminated to be able to apply for UI benefits. If your employer has kept you out of work for more than a week, you may be eligible. Try applying with the EDD if you have been out more than a week. Just be truthful when you apply. That should get the employer's attention, to the point where they may have to make a decision on your employment status.

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  • Supervisor is keeping a close watch on a worker.

    Supervisor is keeping a close physical and visual watch of a worker. Follows the worker wherever he goes, keeps a visual watch over the worker when worker goes to take break,looks inside the workers car. Overall, worker feels harassed and desires ...

    Michael’s Answer

    To have an effect on management, your letter will have to address unlawful activity the supervisor is engaged in. What you have described is not unlawful. Our labor laws do not prohibit a manager from micromanaging or keeping a close eye on an employee, even if it makes the employee feel uncomfortable.

    The missing element, here, is the reason why this supervisor is keeping such a close eye on the employee. If the supervisor's motives are unlawful, that may be a different story. If he is treating the employee differently because of race, gender, or some other reason prohibited by law, a letter providing specific examples of how he treats people of a certain classification differently should get the employer's attention. The facts presented in your post will not.

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  • I work at mcdonalds restaurant, my supervisor change my time punches cutting time i work,i have prof.what are my potions.

    my current position assistant manager, work for the company 4 years

    Michael’s Answer

    What your supervisor is doing is illegal. You can complain to the General Manager of the restaurant or to corporate or, if you do not trust management, seek the assistance of an employment law attorney in your area.

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