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Michael Garth Moore
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Michael Moore’s Answers

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  • I was stopped last night and the policeman used excessive fore to handcuff me because I ask the officer what the charge was .

    I did what the police ask me to do but I refuse to drop my left hand because I was walking my jack Russell terrier to get handcuffed as I was afraid that my dog would get hit in traffic. I told the officer I would comply with his orders if he wo...

    Michael’s Answer

    • Selected as best answer

    It appears that the police violated your right against unreasonable search -- a constitutional violation for which you can seek damages. -- more information is necessary.

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  • I was fired for having scoliosis even though I made the condition known to my boss after diagnosis. Isn't this discrimination???

    I was said to have lied during my interview, which was on March 15th, but how could I when I hadn't been diagnosed until March 20th, when doctors discovered the curvature during x-rays while investigating a possible gallbladder problem? (I have do...

    Michael’s Answer

    The facts suggest a disability discrimination claim called a "regarded as" claim. If the employer takes action against you because it believes you have a medical condition -- and, in this case, believes the medical condition is cause for termination -- you have a claim. If the employer has more than 15 full time employees, it is covered by both federal and state anti-discrimination law. You have 180 days to file a charge of discrimination with the EEOC to protect your rights. You should consult with a lawyer for a more detailed examination of the facts.

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  • I quit my job and I was not paid for hours worked off the clock is there anything I can do?

    They keep coming up with excuses to make me quit

    Michael’s Answer

    Yes, if a large company, contact the US Dept. of Labor Wage & Hour office in Cleveland. If small, contact the Ohio Dept. of Commerce Wage & Hour office closest to you.

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  • Am I being targeted for termination due to pregnancy?

    I accepted my current job while 3 months pregnant, I am currently 36 weeks along with only around 4 weeks remaining until my due date. I qualify for maternity leave in my position. I have recently (within the past month) been written up twice for...

    Michael’s Answer

    Your situation raises the potential for a pregnancy discrimination claim, but there are a lot of facts that need to be developed before an answer can be framed. For example, did those who are disciplining you know of the pregnancy when you were hired? Did they hire you? If so, the case is extremely difficult. However, if not, it opens up another area for examination, which could lead to the conclusion of discrimination. As you are still employed, if you truly feel you are being run out, it would not hurt you to send a memo of your concerns higher up -- where that goes depends on the company, but you want it to go to a position that can take action. You should contact a lawyer to discuss in more detail.

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  • I've been off from for 3 weeks on medical leave. I have all of my medical papers from my family physician. My employer called me

    today and said they are sending my supervisor to my house to take me to the company's Dr. Can they legally do that? What if I refuse?

    Michael’s Answer

    Your post raises more questions than possible to address in a reply here. One question is whether you qualify for FMLA coverage. Another is whether your absence is work-related. The answere to those questions will affect how your rights are determined. It sounds as if the employer is overreaching here. However, depending on what happened, you may well have a legal claim. Feel free to call if you would like to discuss in more detail

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  • My fiance's previous employer is lying to anyone that checks his employment history. What can we do?

    He ran the shop (2 employees other than him) because his boss was rarely around for 7 years. He gave a month notice that he was leaving. The boss ended up firing him and then lying about why he fired him to unemployment so he was denied. He provid...

    Michael’s Answer

    It is unfortunate that your fiance lost his unemployment. However, that would not affect his rights against the former employer. If it can be proved that the employer did lie to the trucking companies -- and if so, that will now be on the trucking databases -- he will likely not get a job anywhere in the industry. The former employer is liable under a claim called "tortious interference with contract." Possibly other claims as well. And, there may be other rights your fiance has. Feel free to reach out for a more complete discussion of the facts.

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  • Can I get fired for going to lunch and other supervisor's responsibilities?

    I was terminated from my position as a supervisor at Promedica Health because I went to lunch, when my manager directed me to. I was blamed for complaints in areas that were assigned to other supervisors. I never had any discipline issues. All of ...

    Michael’s Answer

    One question that stands out in this, but for which I don't have information, is whether you are in a "protected category" for purposes of federal discrimination law. If you are a minority, over 40, have some medical issue, that might have something to do with what happened to you. You say that Promedica rescinded the termination, but that you are not in your position. Did they give you a lower-level job? To make a more reasoned analysis, I would need more information. Free free to contact me. Thanks

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  • Can a person hack into a cellphone that belongs to someone and read their txt messages?

    a friend of mine is 18 years old and is on her father`s familt cell phone plan. her mother, which is divorced from her father has hacked into her cell phone and has been reading all of her txt messages. Is this a crime. the mother states the polic...

    Michael’s Answer

    There are federal laws prohibiting interception of electronic communications. The laws carry criminal penalties, and the hacker can be required to pay damages and attorney fees. The question from a civil law standpoint is whether your friend wants to sue, and if there is money to be had. If the mother had help from the police as she claims, there may be a very good case against the police or others who assisted her.
    Feel free to have your friend call.

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  • I would like to retain an attorney that 'ideally' specializes in both employment law and civil rights-

    I was terminated in November 2012 and have been collecting unemployment while I 'multi-task' at a job search and preparation in filing a complaint with the EEOC, I believe I was terminated as retaliation for reporting a sexual harrassment claim w...

    Michael’s Answer

    • Selected as best answer

    You have 180 days to file your charge of discrimination on the sexual harassment and retaliatory termination claims. I assume your employer has more than 15 full time employees, making it subject to federal claims, which in today's environment, allows superior recoveries than in state court. The unemployment claim hearing that will be coming up is one of the best ways for a lawyer to get nearly free discovery, meaning getting the employer's decisionmaker under oath and obtaining documents through a subpoena. If you would like further discussion, feel free to give me a call. Michael Garth Moore 888-318-0075

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  • I was fired or told "i it was a willingful resignation" after Fmla was exhausted on med leave. Is this legal

    I had dispute prior to med leaving including unfounded suspension by manager i reported for asking me to break nursing code of conduct. The suspension was determined unfounded by HR. I had reported them to state prior for ventilation problems. The...

    Michael’s Answer

    The facts here sound as though there may well be one or more possible legal claims to be made against several parties. However, there needs to be a more detailed discussion to allow a firm opinion. Feel free to contact me at 888-318-0075. Michael Garth Moore

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