Michael Garth Moore’s Answers

Michael Garth Moore

Columbus Civil Rights Attorney.

Contributor Level 8
  1. I would like to retain an attorney that 'ideally' specializes in both employment law and civil rights-

    Answered almost 2 years ago.

    1. Michael Garth Moore
    2. Donald Michael Gallick
    3. Rachel Anne Sabo
    4. Neil Scott Rubin
    5. Christine C McCall
    5 lawyer answers

    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...

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  2. If a contractor has been payed for a job but the contractor has not payed the sub contractor can the sub contractor put a lean o

    Answered over 2 years ago.

    1. Michael Garth Moore
    2. Michael J. Caticchio
    2 lawyer answers

    A subcontractor can file a lien with the county recorder -- but it must be done, if a residential construction -- with 60 days of the last work. Chapter 1311 of the OHio Revised Code governs the lien filing, and RC 1311.06 actually has a form that can be used. If there is significant money involved, you should contact a lawyer.

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  3. Will my claim be successful? How can I win?

    Answered over 2 years ago.

    1. Michael Garth Moore
    2. C L Huddleston III
    2 lawyer answers

    This question turns on the language of the policy. The insurance carrier is obligated to pay based on the undertakings in the agreement. There may be a provision in the contract for personal property recovery and that would govern. It sounds like the car is in your name, as is the insurance? Hence, seems that the carrier is claiming that it has no obligation to pay your fiance because she is not on the policy and the property belongs to her? Again, carefully read the policy language. If you did...

    3 lawyers agreed with this answer

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

    Answered 12 months ago.

    1. Thomas J. Wagner
    2. Robert H. Hanaford
    3. Michael Garth Moore
    4. Rixon Charles Rafter III
    4 lawyer answers

    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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  5. Attacked and bitten by neighbor's 2 large dogs. Contact lawyer now or wait to see if they have home owner's insurance?

    Answered over 2 years ago.

    1. Anthony Dean Castelli
    2. Michael Garth Moore
    3. Timothy Lawrence Van Eman
    4. Samuel David Patry
    5. Daniel Nelson Deasy
    6. ···
    6 lawyer answers

    I agree with Tim and would also suggest that you take pictures of the scene of the incident including shots up and down the street, and particularly the house and the place where the dogs came out. It really helps a lawyer to visualize what occurred and be better able to investigate quickly. Gotta love phone cams...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I file a wrongful termination suit with any likelihood of success? Tenured teacher in Ohio

    Answered over 2 years ago.

    1. Michael Garth Moore
    2. Christine C McCall
    2 lawyer answers

    There are potential constitutional issues in such terminations as these. A contract is a property right under the constitution that cannot be taken without due process -- both procedural and substantivde. However, the information that we get through union arbitration is often insufficient to give us enough to evaluate merits -- and if it is OEA, chances are the union will not be really cooperative with private lawyers. However, if you applied for unemployment, that process, if taken to a...

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

    Answered almost 2 years ago.

    1. Neil Scott Rubin
    2. Michael Garth Moore
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

  8. Are there any employment lawyers willing to work on contingency?

    Answered almost 2 years ago.

    1. Neil Scott Rubin
    2. Michael Garth Moore
    3. Elizabeth Sarah Loring
    4. Herbert J Tan
    5. Adam Jeffrey Curry
    6. ···
    6 lawyer answers

    As a federal employee, you must file a charge of discrimination administratively through the agency in order to perfect your right to sue. The federal process is more demanding, and you have more possibility of losing because of some oversight than with a private employee. If your claim is solid, you may be able to obtain a remedy through the charge process, or at least develop the facts to be able to interest a local lawyer. If you came to me, I would direct you to the charge filing process...

    2 lawyers agreed with this answer

  9. My fmla is done aug 22 and my boss said after taht i am terminated do i chance if i try to sue them

    Answered over 2 years ago.

    1. Michael Garth Moore
    2. Gregory Richard Mansell
    2 lawyer answers

    If your FMLA;s 12 week total has expired, and you cannot return to work, the employer does not violate that law by firing you. However, if your condition is such that it is more than short term, and could constitute a disability under the ADA, you could be protected from discharge by that law. You should definitely consult a lawyer asap.

    2 lawyers agreed with this answer

  10. Do I need a lawyer to file a Civil Rights action against the members of an Ohio Administrative Review Board? How can I get Help

    Answered over 2 years ago.

    1. Donald Michael Gallick
    2. Michael Garth Moore
    3. Philip Douglas Cave
    3 lawyer answers

    This question doesn't seem like a discrimination issue to me. Your facts aren't complete enough to make a solid opinion, but sounds like you had a consumer complaint? Mandamus is a special remedy, has some challenging procedural hitches, and has time limitations for filing. But I am greatly impressed by your research. The findings suggest some additional claims that can be made. Such cases don't come without a cost, and so the question is how important to you is it. But the facts definitely...

    2 lawyers agreed with this answer

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