Michael Alan Manzler’s Answers

Michael Alan Manzler

Cincinnati Employment / Labor Attorney.

Contributor Level 4
  1. I was fired after 8 months of service.

    Answered 7 months ago.

    1. Betty Jean Burley
    2. Michael Alan Manzler
    3. David William Neel
    3 lawyer answers

    I agree with Ms. Burley's response. Assuming you were an at-will employee, the employer is not required to discipline you, give you notice, or have "cause" to terminate you (although is it certainly good practice to do so). IF, however, they were aware of a medical issue you have, and you either qualify as "disabled" under the ADA or similar Ohio law or the employer "regarded" you as disabled, then you possibly could have a disability discrimination claim. It could also be unlawful under...

    1 lawyer agreed with this answer

  2. My case involves discrimination against the U.S. Forest Service. I was not re-hired by the agency as a seasonal employee.

    Answered 7 months ago.

    1. Michael Alan Manzler
    2. Golnar Sargeant
    2 lawyer answers

    You do not provide enough relevant facts, such as your age, gender, race, etc., and whether the Forest Service actually did go ahead and hire someone in a classification(s) different from yours, but if they did, then the fact that your supervisor gave you shifting reasons for the adverse employment decision (non-rehire) definitely supports the possibility of a claim. If, for example, you are a "non-diverse" white male, and they hired, e.g., a female minority, then you may have claims of race...

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  3. Should I sue my job for discrimation ?

    Answered 7 months ago.

    1. John B. Dougherty
    2. Christi Marie Wallace
    3. Patrick William Murray
    4. Michael Alan Manzler
    4 lawyer answers

    On these facts alone, no. If the person selected is in a different protected classification (race, age, gender, disability, etc.) and you have information suggesting that the decision was influenced by such considerations, then you may have a claim. On its face, though, the employer has stated a legitimate business reason for its decision, so you would have to show that reason was merely a pretext to hide a discriminatory motive.

    2 lawyers agreed with this answer

  4. I have missed out on three good jobs where I had plenty of pull and still didn't get them. I am starting to wonder if something

    Answered 7 months ago.

    1. Lori Ann Strobl
    2. Christopher Lee Beck
    3. Michael Alan Manzler
    4. J Christopher Minor
    4 lawyer answers

    I generally agree with the other responses. Failure to hire claims are very difficult to establish. I have to say, though, that it strikes me as extremely unlikely that these prospective employers are pulling criminal histories going back 32 years, or would care about a nearly 30 year old WC case. Most don't go back more than 7 to 10 yrs, if that, plus you said it has been expunged. As far as credit histories, do you know if these prospective employers are even doing a credit check? (If...

  5. Is it legal to have my pay cut in half after returning from sick leave?

    Answered 7 months ago.

    1. Jonathan Ian Nirenberg
    2. Peter Joseph Lamont
    3. Michael Alan Manzler
    3 lawyer answers

    I agree with Mr. Nirenberg's answer; it depends on WHY your employer took the adverse employment actions that it did. As he said, IF it was *because* you have a disability, or the employer perceived you to have a disability, or your leave was FMLA protected and it was in retaliation for exercising your FMLA rights (or any similar rights under state law), then yes, you could have a claim. But if it was for other, legitimate business reasons, then no (unless you could prove those reasons were a...

    1 lawyer agreed with this answer

  6. What obligations does my employer have to me regarding a sexual harassment complaint?

    Answered over 2 years ago.

    1. Patrick Camunez
    2. Michael Alan Manzler
    2 lawyer answers

    If you were offended by the "gift," then you did the right thing to report it. A single incident like this, however, without more (you don't mention any other incidents), is almost certainly not going to rise to the level of sexual harassment (or sex discrimination) under the law. As far as what the company "has" to do to investigate, if they determine that the conduct you reported on its face does not rise to the level of sexual harassment, they don't legally have to do anything. But they...

    1 lawyer agreed with this answer

  7. Can my employer legally cut my pay?

    Answered over 2 years ago.

    1. Michael Alan Manzler
    1 lawyer answer

    Absent an employment contract (individual or union collective bargaining agreement), the general answer would be yes, your employer can change the terms and conditions of your employment, including your rate of pay, at any time (going forward; your employer cannot *retroactively* change your pay without running afoul of wage-hour laws). Nor can your employer take any adverse employment action (which would include a pay cut, obviously) against you *because of* age, race, sex, disability...

    1 lawyer agreed with this answer

  8. I received a settlement from a discrimination suit. What parts r taxable, what isn't?

    Answered 7 months ago.

    1. Michael Alan Manzler
    1 lawyer answer

    I am not a tax expert, which is who you really need to consult with, but in general all "income" you receive is taxable, yes, except for compensation for *physical* injuries. Compensation for "emotional distress" generally would be taxable. In fact, your settlement agreement should have spelled this out, like X dollars of the settlement are deemed back wages and thus subject not only to income tax but also withholdings for Social Security, etc., and Y dollars are deemed compensatory for pain &...

    1 person marked this answer as helpful

  9. Is touching sexual hassrement or sexual assault

    Answered 7 months ago.

    1. Vincent Peter White
    2. Jeffrey Risman
    3. Patrick G. Davidson
    4. Michael Alan Manzler
    4 lawyer answers

    First, touching on the shoulders and/or arms is not going to constitute *sexual* assault because you are not being touched in a sexual area/manner. (Technically it could be battery, though, an unauthorized touching.) As far as sexual harassment, yes, it *could* be, but a great deal would depend on the overall context. To show a hostile environment, you'd have to present evidence that the harassment was severe or pervasive. Generally, a single incident is not going to rise to the level of...