Brian Kindsvater is a Sacramento attorney. His practice primarily focuses on litigation and consultation for labor and employment issues and representation of the deathcare industry. Brian Kindsvater has represented businesses and individuals throughout California, the United States, and Canada. Mr. Kindsvater has also served as a Judge Pro Tem for Sacramento and El Dorado Counties.
Brian Kindsvater has tried
matters in court, on appeal, in arbitration, and mediation, and argued before the California Labor Commissioner, the California Unemployment Insurance Board, and the California Administrative Appeals Board.
Brian Kindsvater is the editor of California's 'Sue Your Boss' Law, the most comprehensive publication for California's new labor law.
A sampling of noncompete cases Brian Kindsvater has handled ...
An employee of a staffing agency was assigned to work for a client. The client later cancelled the services of the staffing agency and requested that the employee stay on board through a different agency, which the employee did. The original staffing agency sued claiming a violation of a noncompete and misappropriation of trade secrets. The case went to trial and Brian Kindsvater's client prevailed on all issues made by the staffing agency. In a counter suit for owed money and defamation a substantial award was made against the staffing agency and its owner.
Numerous employees of a company broke-off to form their own competing business. Their employer sued for breach of a noncompete. Despite an injunction imposed by an out-of-state judge, Brian Kindsvater's clients were successful in California in not having the injunction enforced and prevailing on the noncompete issue so they could continue their new business.
An out of state employer hired a California employee and claimed he was telecommuting from his home in California to the main office. When the employment relationship ended the employee went to work for a competitor, a lawsuit was filed to void a noncompete in California. The court agreed the employee was working in California and subject to California law, and a significant amount of money was paid by the employer to the employee.