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Michael Robert Kirschbaum

Michael Kirschbaum’s Legal Cases

8 total

  • Smith vs. Orange County Sanitation District

    Practice Area:
    Employment & Labor
    Date:
    May 13, 2009
    Outcome:
    Ruling in favor of employee.
    Description:
    Employee of 12 years was a manager at the OCSD. Many charges were brought against him to justify his discharge. We appealed and argued they were politically motivated. Three day hearing was heard before Terry E. Dixon, Hearing Officer. Mr. Dixon found the evidence did not support the charges and ruled in favor of the employee. Employee was reinstated with full back pay.
  • Glass vs. Hope By The Sea

    Practice Area:
    Employment & Labor
    Date:
    May 18, 2010
    Outcome:
    Justice Armand Arabian awarded Dr. Glass $115,000.00 in lost wages and ordered Hope By The Sea to reimburse Dr. Glass $8,500.00 in arbitration costs. We defeated Callahan & Blaine, self-described as one of the best law firms in America.
    Description:
    Dr. Glass was wrongfully terminated, as the Clinical Director of Hope By The Sea, in breach of contract. He was also misclassified as an independent contractor. We demanded arbitration. Arbitrator was Justice Armand Arabian, retired Justice of the California Supreme Court.
  • Glass vs. Hope By The Sea

    Practice Area:
    Employment & Labor
    Date:
    Nov 10, 2010
    Outcome:
    Judge Horn found in favor of client/employee, confirming the award and entered judgment against employer, along with costs of suit.
    Description:
    Employer refused to honor arbitration award of $115,000 in damages and $8,500 in costs, requiring the filing of Petition to Confirm the award in Superior Court. Employer filed Petition to Vacate the award. Case was heard in front of Judge Frederick Horn.
  • Jane Doe vs. Worldwide Corporation

    Practice Area:
    Discrimination
    Date:
    Apr 04, 2013
    Outcome:
    Significant 6 figure confidential settlement brokered by mediator, Michelle Reinglass.
    Description:
    Gender discrimination - company executive passed over for promotion in favor of less qualified male employee results in loss of significant income and injury to reputation.
  • John Doe v Big Bad Hospital

    Practice Area:
    Employment & Labor
    Date:
    Feb 04, 2013
    Outcome:
    Case settled for 6 figures through private confidential negotiation.
    Description:
    Employee forced to quit after opposing sex harassment in workplace. Big Bad Hospital then interfered with subsequent employment, causing his termination.
  • Judy Roe vs. Orange County Municipality

    Practice Area:
    Discrimination
    Date:
    Mar 26, 2013
    Outcome:
    Case settled pre-trial.
    Description:
    Employee was laid off while she was out on maternity leave. She was the only employee laid off as part of the municipality's "restructuring". Pregnancy discrimination was alleged.
  • Rivera v Orange County Sanitation District

    Practice Area:
    Employment & Labor
    Date:
    Apr 29, 2013
    Outcome:
    Employee was ordered reinstated.
    Description:
    Seven year employee was discharged due to a laundry list of reasons brought forward by the OCSD. After a 2 day hearing, the hearing officer, Michael R. Diliberto, decided the allegations were not sufficient to justify a termination.
  • Orozco v. StaffChex Management Group, Inc. et al.

    Practice Area:
    Employment & Labor
    Date:
    Dec 15, 2014
    Outcome:
    Judgment for Plaintiff in the amount of $42,998, $18,607, of which is for unpaid vacation pay, $16,153, for waiting-time penalties, and the remainder for attorney's fees, court costs and interest.
    Description:
    This case is notable, not so much for the amount but because of a series of poor decisions made by the employer. First, it refused to pay plaintiff the vacation pay she accrued after many years of hard work without taking a vacation, claiming she somehow waived it. After the Labor Commissioner awarded Plaintiff her vacation pay, plus penalties, the employer's next mistake was to appeal to the O.C. Superior Court. After a court trial, Judge Timothy Stafford ordered the employer to pay everything the Labor Commissioner awarded, plus Plaintiff's attorney's fees and costs incurred, plus interest. The employer ended up having to pay its employee more than double what it should have if it paid her what it owed her in the first place, not including its own attorney's fees. Sometimes, being stubborn does not pay.