Legal Question in Employment Law in Ohio

Discretion or Discrimination?

Last year I was off work for surgery for approximately 6 months. During that period I was deemed disabled by my doctor. The only other absence from work that I had that year was the use of less than half my vacation which I had been allotted for that year. When I received my bonus check recently for that year, my boss said that it would have been considerably higher if I had ''not been off so long'' last year. My bonuses are described as being ''fully descretionary'' by my company, but is that not discrimination because I was disabled?


Asked on 3/27/08, 5:09 pm

1 Answer from Attorneys
Howard Mishler Howard V. Mishler Co. LPA

Re: Discretion or Discrimination?

It could be a factor. I suggest an equitable remedy.

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Answered on 3/31/08, 3:05 am


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