Recent Cases

Whether DUI/OVI cases, unemployment appeals, or criminal cases, Smith's Law Offices' record shows a steady flow of successes for our clients.  Here are some recent examples:

Rape, Kidnapping and Gross Sexual Imposition Convictions Reversed and Vacated By the Eighth District Court of Appeals:  The half-sister of our thirteen-year-old client tattled to her parents that our client said the word “suck.”  In the midst of discord between the parents, our client was ultimately charged with Rape and Kidnapping.  The Appellate Court agreed with our arguments that the trial court erroneously permitted hearsay statements without any independent evidence to support those statements.  It further agreed that, even with the hearsay, there was insufficient evidence to support the convictions.  Our client’s innocence was protected as the convictions were thrown out. (8th Dist. 2018).

 

US Postal Service Lacked Just Cause to Terminate:  The Hearing Officer agreed that the employer lacked just cause to terminate our client for leaving his vehicle running while he was inside a postal facility gathering mail for his route.  Unemployment Appeal Won 8/15/2018.

 

No just cause to terminate for a providing insufficient sample for drug test:  The employer had a policy that required random testing during work hours.  Our client was selected, scheduled to take a test within a half-hour of her shift ending, provided a sample that was insufficient, and had to leave due to prior commitments.  In this case, the Hearing Officer agreed that the policy was not applied reasonably and therefore the employer lacked just cause to terminate.  Unemployment Appeal Won 8/9/2018.

 

Employer lacked just cause to terminate an employee who was attacked by a co-worker:  The Hearing Officer agreed that our client who was attacked by a co-worker did not instigate the altercation and merely protected herself.  Unemployment Appeal Won 8/8/2018.

 

Employers should follow their own discipline policies:  The Hearing Officer agreed that an employer who skipped steps in its progressive discipline policy did not have just cause to terminate our client.  Unemployment Appeal won 7/30/2018.

 

Taco Bell OVI Dismissed: Our client was pulled over for speeding but was charged with an OVI because she had spilt Taco Bell admitted to have two glasses of wine earlier in the day.  The OVI was dismissed, accepting a non-moving violation saving her from a year license suspension, 6 points on her license and an OVI conviction that may have caused her problems with her nursing job.  (Rocky River Municipal Court 7/26/2018)

 

OVI Dismissed: Our client was pulled over for an expired license plate only to find himself charged for operative a vehicle while impaired because he admitted he had three drinks earlier in the day.  We obtained a dismissal of the OVI with our client accepting a non-moving violation, saving himself from a license suspension.  (Rocky River Municipal Court 7/26/2018)

 

Absences due to circumstances beyond employee’s control are not just cause for termination:  The Hearing Officer agreed that an employee’s absences due to his ailing wife or because of his own illness were circumstances beyond the employee’s control and did not give the employer just cause to terminate.  (Unemployment Appeal Won 7/13/2018).

 

OVI Dismissed: After intensive negotiations, OVI charges were dismissed with our client pleading to just a non-moving violation instead.  (Rocky River Municipal Court 7/12/2018)

 

Employer lacked just cause to terminate for sleeping on the job and for excessive use of his cell phone:  The Hearing Officer concluded that the employer failed to provide sufficient evidence that it followed its progressive discipline policy and that the employee actually violated a policy.  (Unemployment Appeal Won 7/12/2018).

 

OVI Dismissed: After researching our client's case, reviewing police reports and video, filing a suppression motion and attending a suppression hearing, further negotiations with the prosecutor led to a dismissal of OVI charges in exchange for an agreement to a plea to reckless op., thereby eliminating the license suspension and mandatory penalties that would have come with an OVI conviction.  (Norwalk Municipal Court 6/28/2018).

 

Refusal OVI Dismissed: Intensive negotiations with the prosecutor resulted in our client's OVI being dismissed in exchange for a plea to a non-moving violation.  (Berea Municipal Court 6/19/2018)

 

Administrative License Suspension Vacated: An administrative license suspension for a person with third OVI in ten years and who refused the breath test was vacated after we showed that the ALS form was not properly filed with the court.  (Vermilion Municipal Court 6/19/2018)

 

OVI Dismissed: Court agreed to dismiss a refusal OVI in exchange for a plea to a non-moving violation.  (Elyria Municipal Court 6/18/2018)

 

Arbitrator Agrees that Uncorroborated Hearsay is Insufficient to Discipline Employee:  At a labor arbitration hearing between the Greater Cleveland Regional Transit Authority and the Amalgamate Transit Union Local 268, the employer argued that it had just cause to discipline and terminate an employee due to an allegation that she made a threatening comment about her supervisor to a co-worker.  However, the arbitrator agreed that the only evidence to support the employer's allegation was the report of the co-worker, who the employer failed to call as a witness to the hearing.  Rather than rely on uncorroborated hearsay, the arbitrator awarded the employee their job back with backpay.  (Labor Arbitration Hearing Won 6/12/2018).

 

Hearsay and unsubstantiated testimony and evidence insufficient:  The Hearing Officer agreed that the employer failed to present sufficient evidence of misconduct in light of the employee’s credible testimony denying misconduct.  (Unemployment Appeal Won 6/6/2018).

 

Employer did not have just cause to terminate employee who it failed to train and failed to provide notice of performance issues:  The employer hired our client but failed to provide any training for how to do their job and failed to provide timely notice of their mistakes until they were terminated.  The Hearing Officer agreed that they lacked just cause to terminate.   (Unemployment Appeal Won 6/5/2018).

 

OVI and Open Container Charges Dismissed:  Charges were dismissed in exchange for plea to a reduced charge, saving our client from jail, higher fines and points.  (Huron Municipal Court 6/1/2018).

 

Domestic Violence Charges Dismissed:  Charges brought as a result of a marital argument and slap were dismissed, saving our client from the loss of her professional license.  (Huron Municipal Court 6/1/2018).

 

Breath Test OVI and License Suspension Dismissed:  OVI charges dismissed with an agreement to a non-moving violation, saving our client from high fines, points, and a license suspension.  (Sandusky County Municipal Court - Clyde 5/17/2018)

 

Employee who was terminated after they gave a resignation notice is approved:  The Employee resigned with a two-day notice, the employer sent the employee home and did not pay them for the remaining two days.  The Hearing Officer agreed that this should be looked at as a termination rather than a resignation, and there was not just cause to terminate.  Unemployment Appeal Won 5/14/2018

 

Hearsay evidence and unsubstantiated evidence insufficient to prove just case:  Attending the hearing fully prepared, we persuaded the hearing officer that the employer’s reliance on hearsay and unsubstantiated evidence of our client being insubordinate was insufficient, especially in light of our client’s credible testimony.  Unemployment Appeal Won 5/10/2018.

 

OVI Charges and License Suspension Dismissed:  The court agreed to dismiss breath test OVI charges and vacate the administrative license suspension in exchange to a plea to a lesser charge, saving our client from a suspension, reinstatement fees, large fines, and any jail time.  (Sandusky Municipal Court 5/1/2018)

 

Employer cannot force employee into position they can not medically do:  The employer first cut our client’s hours and then, despite our client’s medical restrictions, attempted to force her into a position she was unable to work.  The Hearing Officer agreed that the employer did not have just cause to terminate her for being unable to complete the work.  Unemployment Appeal Won 5/1/2018.

 

Employee had good cause to turn down work:  An employer terminated our client, then offered her a job at half the pay.  Although her benefits were initially denied, we were able to persuade the Hearing Officer that the work offered was not suitable and that she had good cause to turn it down.  Unemployment Appeal Won 4/25/2018.

 

Employee nurse has just cause to quit for being required to perform duties beyond her expertise:  The Hearing Officer agreed that the nurse had just cause to quit, because the employer’s decision to require her to perform duties beyond her expertise put her license and the possible wellbeing of the patients at risk.  Unemployment Appeal Won 4/16/2018.

 

Breath Test OVI Dismissed:  As a result of our suppression motion challenging a traffic stop in a gated community, the court agreed to dismiss OVI charges in exchange for a reduction to a non-moving violation. (Ottawa County Municipal Court 4/13/2018)

 

Employer failed to show that our client was at fault for an alleged argument:  Although the employer claimed it terminated our client for shouting at a supervisor, our client’s testimony was more credible and the employer failed to show our client was at fault for any alleged argument about its own failure to provide sufficient parts.  Unemployment Appeal Won 4/2/2018.

 

Absences for claimant’s own illness and to care for ill family members does not give just cause to terminate:  The Hearing Officer agreed that the employer lacked just cause to terminate our client who had absences due to her own illness and that of her daughter and husband, and therefore approved her benefits.  Unemployment Appeal Won 3/29/2018.

 

Employer lacked just cause to terminate an employee when he attempted to return from a medical leave of absence:  Our client attempted to return to work after a medical leave of absence only to find that the employer had laid off much of its workforce and refused to return his calls.  The Hearing Officer agreed that the employer lacked just cause to terminate and approved his benefits.  Unemployment Appeal Won 3/27/2018.

 

No just cause to terminate for being rude to a co-worker:  The Hearing Officer agreed that our client, who had no prior discipline, was terminated without just cause for an allegation of being rude to a co-worker.  In part due to our preparation, the Hearing Officer concluded that our client’s testimony was more credible than her employers.  Unemployment Appeal Won 3/22/2018.

 

Holding a real estate license does not disqualify unemployment eligibility:  Our client worked full time and held a real estate license.  He was initially denied unemployment when he lost his full-time job because his real estate license with held with a broker.  The Hearing Officer reversed, finding that just because a real estate broker held the license, this did not create an employment relationship.  Unemployment Appeal Won 3/19/2018.

 

OVI With Breath Test Dismissed:  Prosecutor and court agreed with us to dismiss the OVI charges in exchange for a non-moving citation that protected our client from high fines, points to his license, and a year-long license suspension.  (Rocky River Municipal Court 3/15/2018)

 

OVI Dismissed:  OVI with an over-the-limit breath test dismissed in exchange for a non-moving violation thereby avoiding jail, license suspension, and points to our client's driving record.  (Berea Municipal Court 3/13/2018)

 

Employer lacked just cause to terminate for a no-call/no-show:  The Hearing Officer did not agree with the employer that it had just cause to terminate for a no-call/no-show when the employee did call off to co-workers due to a bona fide medical illness.  (Unemployment Appeal Won 3/7/2018.)

 

Employer lacked just cause to terminate employee when customers were happy with employee’s performance:  The hearing officer was persuaded, in part due to statements from customers that they were happy with our client’s performance, that the employer lacked just cause to terminate for failing to meet performance expectations.  (Unemployment Appeal Won 3/7/2018.)

 

2nd OVI With Refusal and Accident Dismissed:  After arguing suppression issues, the court agreed to reduce charges eliminating all mandatory jail time.  (Norwalk Municipal Court 3/6/2018)

 

Employer lacked just cause to terminate employee for failing to meet expectations it did not explain:  When the employer promoted our client, it failed to explain the expectations of the new job and, therefore, lacked just cause to terminate the employee for failing to meet the unspoken expectations.  (Unemployment Appeal Won 3/6/2018.)

 

Moving to a closer seat during a meeting is not violent behavior:  Employer alleged that our client made them feel intimidate, although it presented evidence of what our client did other that to move to a closer seat during a meeting.  The employer lacked just cause to terminate.  (Unemployment Appeal Won 3/1/2018.)

 

Termination for being on worker’s comp. leave without a release to return to work lacks just cause:  Our client was off of work on a worker’s compensation leave, having been examined by the employer’s doctor and not given a release to return to work.  The employer lacked just cause to terminate the employee for being absent without authorization.  (Unemployment Appeal Won 2/26/2018.)

 

Termination for failing to meet substantially changed duties lacks just cause:  The employer gave our client new duties to complete and then terminate our client for failing to complete those duties adequately.  Because there had been a substantial change in the requirements for the position, the employer lacked just cause to terminate.  (Unemployment Appeal Won 2/26/2018.)

 

Termination for doing what you are told is without just cause:  Our client was sent to observe another employee, found the employee dressed inappropriately, took a photo that she shared with her supervisor, and was then terminated for taking the photo.  The Hearing Officer agreed that this was not just cause for termination.  Unemployment Appeal Won 2/22/2018.

 

OVI Charges Dismissed:  Court agreed to dismiss OVI charges for a plea to a non-moving violation, vacating the ALS, eliminating the reinstatement fee, jail time, and license suspension.  (Sandusky Municipal Court 2/16/2018)

 

Drug OVI Dismissed:  Court agreed to dismiss an OVI based on levels of prescription meds in exchange for a reduced plea, vacating the ALS, eliminating the reinstatement fee, jail time, and license suspension.  (Sandusky Municipal Court 2/16/2018)

 

OVI Driving Under a Suspension and OVI Charges Dismissed:  Client was facing mandatory jail time for both charges; however, the court agreed to dismiss the charges and vacate the ALS in exchange for a reduced plea that saved our client from all jail time, a $475 reinstatement fee and a license suspension.  (Sandusky Municipal Court 2/16/2018)

 

OVI Charges Dismissed:  The court agreed to dismiss charges and vacate the administrative license suspension to save our client from jail, from a reinstatement fee and a license suspension.(Sandusky Municipal Court 2/16/2018)

 

OVI Suspension and Leaving the Scene Dismissed:  Through negotiations with the prosecutor, it was agreed that all charges should be dismissed.  (Ottawa County Municipal Court 2/8/2018)

 

Second OVI Dismissed:  With the strength of a strong suppression motion and our being ready to go to hearing, we were able to obtain a dismissal of second OVI charges in exchange for a non-moving violation. (Ottawa County Municipal Court 2/7/2018)

 

Theft Charges Diverted:  Although our client was charged with a first-degree misdemeanor theft, with up to 6 months in jail, we were able to get the prosecutor and judge to agree to a diversion program that avoided any jail time and, when our client completes the diversion program, will result in a complete dismissal of the charges.  (Rocky River Municipal Court, 2/5/2018)

 

CDL Saved, OVI Dismissed:  We helped our client get their OVI and administrative license suspension dismissed, saving our client's commercial driver's license and job.  (North Royalton Mayor's Court 2/1/2018)

 

2nd Refusal OVI and Drug Paraphernalia Charges Dismissed:  Although facing a mandatory minimum of 20 days in jail, a dismissal and reduction saved our client from all jail time and avoided a year's license suspension.  (Elyria Municipal Court 1/18/2018)

 

Drug OVI Charges Dismissed:  Although our client was charged with a refusal OVI alleging marijuana impairment and possession, a dismissal of the charges in exchange for a reduction saved our client from a year's license suspension, jail time and the driver's intervention program.  (Elyria Municipal Court 1/18/2018)

 

OVI Charges Dismissed:  After obtaining a reduction to a non-moving violation, our client avoided a license suspension, avoided jail time, and avoided the drivers intervention program.  (Cleveland Municipal Court 1/17/2018)

 

OVI Refusal Charges Dismissed:  Our client was saved from a license suspension, jail time, and the drivers intervention program when we negotiated a dismissal of OVI charges in exchange for a plea to a reduced citation.  (Olmsted Falls Mayors Court 1/16/2018)

 

OVI Charges Dismissed:  Upon filing a suppression motion challenging a traffic stop based on a tip that turned out to be inaccurate, OVI charges were dismissed in exchange for a plea to a non-moving violation.  (Erie County Municipal Court 1/8/2018)

 

OVI Refusal Charges Dismissed:  OVI charges dismissed, saving our client who was not a US citizen potential VISA problems and eliminated a license suspension.  (Sandusky County Court -  Woodville 1/3/2018)

 

Employer mistakenly believed employee was taking extended breaks:  We persuaded the Hearing Officer that the employer was mistaken when it accused our client of taking extended breaks and as a result it was held that the employer lacked just cause to terminate.  (Unemployment Appeal Won 12/22/2017).

 

Requesting help is not insubordination:  The employer terminated our client believing he engage in insubordination when he asked for additional help, but the Hearing Officer agreed that the request was not insubordination an therefore the employer lacked just cause to terminate.  (Unemployment Appeal Won 12/22/2017).

 

First Degree Misdemeanor Driving Under a Suspension Charges Dismissed:  We were able to obtain a dismissal of DUS charges, saving our client from fines and jail time.  (Lorain Municipal Court 12/18/2017).

 

Employer lacked just cause to terminate employee for being rude:  The hearing officer agreed that the employer failed to show that the employee was rude during an informal meeting over a cup of coffee, and thus the employer lacked just cause to terminate.  (Unemployment Appeal Won 12/18/2017).

 

Fourth Degree Misdemeanor Charges Dismissed:  Our client was charged with a fourth degree misdemeanor, including jail of up to 30 days and a $250 fine, for a charge of boating without a required Boater Education Certificate.  We were able to obtain a complete dismissal of all charges.  (Huron Municipal Court 12/15/2017).

 

Employer with unclear job expectations lacked just cause to terminate:  The hearing officer agreed that the employer did not have just cause to terminate when it did not provide details about purported areas of concern and it was unclear about what it was expecting of the employee.  (Unemployment Appeal Won 12/12/2017.)

 

Not all mistakes warrant termination:  Due to a lack of training, and employee who made a mistake at work was terminated without just cause.  (Unemployment Appeal Won 12/11/2017.)

 

Facebook posts do not give just cause to terminate:  Employer did not have just cause to terminate an employee for his personal social media posts when they were posted from home, were not work related, and did not mention the employer.  (Unemployment Appeal Won 12/5/2017.)

 

OVI Refusal Charges Dismissed:  Administrative license suspension vacated and OVI charges dismissed in exchange for a minor misdemeanor plea with a small fine and no jail or DIP.  (Elyria Municipal 12/04/2017)

 

OVI Charges Dismissed:  Client avoided a year long license suspension, jail time and the driver intervention program after we successfully obtained a dismissal of the OVI in exchange for a non-moving violation.  (Rocky River Municipal 11/30/2017)

 

Employer lacked just cause to terminate an employee who was showing improvement:  An employee who was put on a 60-day action plan was showing improvement, so the employer’s decision to terminate the employee before the 60 days had run lacked just cause.  (Unemployment Appeal Won 11/30/2017.)

 

OVI Charges Dismissed:  Client avoided both jail time and the driver intervention program when we successfully obtained a dismissal of OVI charges.  (Sandusky County Court -  Clyde 11/21/2017)

 

A mistake is not a lie:  The Hearing Officer agreed that although the employee had made a mistake in what they stated to the employer, this was not a lie as alleged by the employer and therefore it lacked just cause to terminate.  (Unemployment Appeal Won 11/15/2017.)

 

Employer who skipped progressive discipline steps lacked just cause to terminate:  We showed that the employer lacked just cause to skip multiple progressive discipline steps to terminate when the employee’s error was unintentional.  (Unemployment Appeal Won 11/15/2017.)

 

Employee had just cause to resign due to medical reasons, even though she did not seek other positions first:  The employer had only two positions available, neither of which could the employee perform due to medical reasons, and therefore she had just cause to resign.  (Unemployment Appeal Won 11/1/2017.)

 

Theft Conviction Diverted:  Upon completion of abiding by the court’s order for six months, our client will receive a complete dismissal of theft charges resulting from shoplifting allegations.  (Rocky River Municipal court 10/30/2017).

 

Prior discipline insufficient cause to terminate:  Although an employee had received a record of discipline, the Employer failed to show any misconduct between the last discipline and the termination that justified the termination.  (Unemployment Appeal Won 10/27/2017.)

 

OVI Charges with Accident Dismissed:  OVI charges against our client who fell asleep after taking prescription medications were dismissed.  (Elyria Municipal Court 10/25/2017)

 

Employer lacked just cause to terminate an employee who was absent due to medical issues: The Hearing Officer agreed that the employer lacked just cause to terminate an employee who had absences due to medical issues beyond their control.  (Unemployment Appeal Won 10/20/2017)

 

OVI Charges Dismissed:  OVI charges dismissed in exchange to a reckless op plea, resulting in our client receiving only a 90-day license suspension and $250 fine.  (Ottawa County Municipal Court 10/20/2017)

 

ODJFS was in error when it denied benefits due to an inability to work:  We demonstrated that, while the employee was not able to do their job at the time they were terminated, they were subsequently released to work without restrictions and therefore eligible for benefits.  (Unemployment Appeal Won 10/20/2017)

 

OVI DUS Dismissed:  Although our client was charged with a driving under an OVI suspension, a first-degree misdemeanor with a mandatory 3-days of jail, we obtained a complete dismissal of the charges.  (Rocky River Municipal Court 10/19/2017)

 

OVI Charges Dismissed: OVI charges dismissed, with our client escaping a license suspension and mandatory minimums by pleading to a physical control charge with just at $250 fine.  (Sandusky Municipal Court 10/17/2017)

 

Assault Charges Dismissed:  Assault charges dismissed against our client when the evidence of the case stemming from a dispute between a boyfriend and girlfriend was shown to be weak.  (Sandusky Municipal Court 10/17/2017)

 

Theft Conviction Diverted:  Our client will receive a complete dismissal of theft charges resulting from allegations of theft at work, after abiding by the court’s order for one-year.  (Rocky River Municipal Court 10/17/2017)

 

OVI Charges Dismissed: Despite our client having turned in front of a police officer and going off the road, the court agreed to dismiss OVI charges in exchange for a reckless op charges, saving our client from mandatory penalties and a license suspension.  (Sandusky Municipal Court 10/17/2017)

 

Employer lacked just cause to terminate an employee who did what he was trained:  Employer had a written policy that it claimed the employee violated, but the Hearing Officer agreed that the actual training the employee received did not match the written policy.  (Unemployment Appeal Won 10/13/2017)

 

Employer did not have just cause to terminate employee for spreading rumors:  Employer lacked just cause to terminate employee to prevent discussions about a flirtatious employee and the employer.  (Unemployment Appeal Won 10/12/2017)

 

Termination of employee for allegedly misusing an employer voucher was without just cause: Hearing Officer agreed that, even of the allegation were true, the employer’s own policy called for a coaching rather than a termination.  Failure to follow its own policy meant it lacked just cause to terminate.  (Unemployment Appeal Won 10/11/2017)

 

Termination for a customer complaint was without just cause: The Employer did not have just cause to terminate for a customer complaint when the employee simply informed the customer of a store policy and the employer lacked evidence that she was rude when doing so.  (Unemployment Appeal Won 9/21/2017)

 

ALS Appeal Granted: The court agreed to vacate an administrative license suspension after it was shown that the police did not give the proper advisements.  (Berea Municipal Court 9/26/2017)

 

When employer cuts your hours, you do not have to bump another employee before resigning: After employee’s hours were cut in half she resigned.  The employer argued that she should have bumped into another position which would have still been a 20% reduction in hours.  The Hearing Officer disagreed and approved her benefits.  (Unemployment Appeal Won 9/19/2017)

 

0.229 OVI Dismissed:  High tier OVI dismissed with our client avoiding both jail time and a license suspension. (Painesville Municipal Court 9/18/2017)

 

Termination for absences due to medical reasons is without just cause: Employee not sufficiently at fault for absences due to migraines even though the absences exceeded the points allowed by the employer’s attendance policy.  (Unemployment Appeal Won 9/7/2017)

 

Employer lacked evidence to justify termination for alleged assault:  Employer's claim that employee attempted to assault another employee was not credible.  (Unemployment Appeal Won 9/5/2017)

 

Employee did not resign by leaving early from work:  Employer's claim employee resigned was refuted by employee's email informing the employer they were just leaving early due to illness.  (Unemployment Appeal Won 8/30/2017)

 

Employer cannot claim an employee is on leave when they send a severance agreement: Severance agreement showed employee was terminated and the employer lacked just cause.  (Unemployment Appeal Won 8/30/2017)

 

Termination of employee who followed instructions was without just cause: Demonstrated that the employee was terminated for following instructions. (Unemployment Appeal Won 8/29/2017)

 

Refusal OVI Charges Dismissed:  OVI dismissed in exchange for a non-moving violation with no jail, no drivers intervention program (DIP), and no license suspension. (Canton Municipal Court 8/28/2017)

 

Termination based on anonymous witness statements is without just cause: Hearing officer agreed that employer could not show just cause to terminate when it relied solely upon anonymous witness statements.  (Unemployment Appeal Won 8/16/2017)

 

OVI Charges Dismissed: Negotiations with the prosecutor lead to a dismissal of all OVI charges, with our client receiving only a $50.00 fine for a traffic violation.  (Rocky River Municipal Court 8/7/2017)

 

Second Refusal OVI Dismissed: OVI charges dismissed in exchange for a reckless op plea, getting our client back to driving.  (Sandusky Municipal Court 8/7/2017)

 

No Just Cause to Terminate for Attendance:  The hearing officer agreed that the Employer did not show sufficient tardies to justify termination and it had told the employee instead that he was terminated due to a lack of work.  (Unemployment Appeal Won 8/3/2017)

 

Resignation at Advise of Psychiatrist is With Cause: Employee who resigned due to the impact of her job on her mental illness was eligible for unemployment compensation.  (Unemployment Appeal Won 7/28/2017)

 

Sobriety Checkpoint OVI Dismissed:  After challenging the Constitutionality of a sobriety checkpoint, the court agreed to dismiss OVI charges.  (Elyria Municipal Court 7/19/2017)

 

OVI Charges Based on Anonymous Tip Dismissed: After asserting that a traffic stop based on an anonymous tip was an illegal search and seizure, the court agreed to dismiss OVI charges.  (Mentor Municipal Court 7/19/2017)

 

Employee Error Did Not Warrant Termination:  Employer lacked just cause to terminate an employee who was given unreasonable expectations.  (Unemployment Appeal Won 7/7/2017)

 

Allegations of Falsification of Records Not Substantiated: Smith's Law Offices showed that the employee followed the normal practice and had permission to adjust records. (Unemployment Appeal Won 6/27/2017)

 

No Just Cause to Terminate Employee Absent Due to Daughter's Medical Reasons:  Employer lacked just cause to terminate employee with significant absences because it failed to give any progressive discipline and absences were due to daughter's bona fide illness.  (Unemployment Appeal Won 6/22/2017)

 

OVI Refusal Charges Dismissed:  Despite charges of an OVI refusal, negotiations with the prosecutor resulted in a dismissal of the charge in exchange for a reckless op plea, saving our client from a years license suspension.  (Bellevue Municipal Court 6/20/2017)

 

Job Requirements Changed Substantially After Hiring.: Employee accused of failing to meet job expectations approved for benefits, including nearly $7,000 in back-payments, because the job substantially changed.  (Unemployment Appeal Won 6/20/2017)

 

Showed Employer Lacked Just Cause to Terminate:  It was shown that the employer lacked sufficient proof to terminate an employee for hanging up on a customer.  (Unemployment Appeal Won 6/8/2017)

 

Employee Had Just Cause to Resign: Employee who was put on light duty had just cause to resign when the employer offered not positions that would conform to the light duty requirements.  (Unemployment Appeal Won 6/2/2017)

 

Management Delays Do Not Justify Terminating Employee: We showed that accusations that employee was terminated because projects were delayed were insufficient for just cause because the delays were due to management rather than the employee.  (Unemployment Appeal Won 5/19/2017)

 

Venting About Discipline is Not Just Cause to Terminate: Employer who terminated employee for closing their office door and venting to a friend and co-worker about being put on a performance improvement plan did not have just cause for the termination.  (Unemployment Appeal Won 5/18/2017)

 

Rules Must Be Applied Reasonably:  Although the hearing officer concluded that the employee violated a rule, we were able to convince her that the rule was not applied reasonably and that the termination without prior discipline was without just cause.  (Unemployment Appeal Won 5/17/2017)

 

Hit and Skip Charges Dismissed:  On the day of trial, the prosecutor agreed to dismiss hit and skip charges, leaving only a $75.00 fine for assured clear distance.  (Rocky River Muni. 5/16/017)

 

OVI Charges Dismissed: On the back of our suppression motion, OVI charges were dismissed in exchange for a non-moving violation.  (Willoughby Muni. 5/16/2017)

 

Employee's Reasonable Deviations from Policies Not Just Cause to Terminate: Employer who left employee short staffed lacked just cause to terminate the employee for deviations from policy when those deviations were reasonable and did not cause any harm to the employer.  (Unemployment Appeal Won 5/8/2017)

 

Suppression Motion Leads to Complete Dismissal of OVI: After raising several issues with respect to failures in the state's alcohol testing process, the court agreed to dismiss all OVI charges leaving only a minor traffic light ticket.  (Painesville Muni. 5/2/2017)

 

Employer Lacks Just Cause to Terminate for Absence:  Employer who did not follow its own progressive discipline policy, and then issued a termination for an absence due to an illness with medical documentation, lacked just cause.  (Unemployment Appeal Won 4/24/2017)

 

Employer Could Not Convert Layoff into a Termination: Employer who asked employee if he wanted a voluntary layoff and then did not offer him any work could not use a prior incident as a justification to terminate - the employee was laid off due to a lack of work.  (Unemployment Appeal Won 4/24/2017)

 

OVI Charges Dismissed: Another strong suppression motion led to a dismissal of OVI charges and reduction to a non-moving traffic violation, avoiding any jail-time and vacating the administrative license suspension. (Vermilion Muni. 4/11/2017)

 

OVI Charges Dismissed:  A suppression motion pointing out issues with the State's case lead to an agreement to dismiss OVI charges and accept a lesser charge with zero jail time and dismissal of the license suspension, saving our client his job.  (Bedford Muni. 4/10/2017)

 

Showed the Hearing Officer that the Employee Did Not Commit Misconduct:  Employer failed to show any misconduct after last discipline and therefore lacked just cause to then terminate.  (Unemployment Appeal Won 4/7/2017)

 

Giving Accurate Information is Not Just Cause to Terminate: Employee payroll coordinator was terminated without just cause for sharing tax information with employee when it was shown that the information was accurate and followed procedure.  (Unemployment Appeal Won 4/3/2017)

 

Employer Lacked Just Cause When It Skipped Discipline Steps: Hearing Officer agreed that the Employer failed to follow its progressive discipline policy and, as a result, it lacked just cause to terminate our client.  (Unemployment Appeal Won 3/29/2017)

 

OVI Charges Dismissed: Despite an officer's claim that he detected an odor of alcohol, slurred speech, an admission of drinking, and failed field sobriety tests; we raised substantial issues in a suppression motion that helped us obtain a dismissal of the OVI charges in exchange for a plea to a non-moving violation without any mandatory minimums. (Lyndhurst Muni. 3/27/2017)

 

Mistake that Was Quickly Corrected Was Not Just Cause to Terminate: Employee with prior disciplinary record was terminated for entering the wrong code on a lab report; however, because the error was immediately caught and corrected the Hearing Officer agreed that the employer lacked just cause to terminate.  (Unemployment Appeal Won 3/27/2017)

 

Last Minute Denial of Vacation Did Not Give Just Cause to Terminate: Employee requested vacation many weeks in advance and paid for the vacation, only to be told a couple days before that he would be terminated if he took the vacation.  The Hearing Officer agreed that the Employer lacked just cause to terminate because it could not show the employee's actions, "were so egregious or unreasonable as to warrant a denial of unemployment benefits."  (Unemployment Appeal Won 3/23/2017)

 

Employer Lacked Just Cause to Terminate for Absenteeism: Even though the employee did not have medical documentation, she provided credible testimony that she was absent only twice and was ill each time.  "Absenteeism caused by bona fide illness, reported to an employer, is not just cause for discharge."  (Unemployment Appeal Won 3/15/2017)

 

Leaving Early Does Not Justify Termination: After an employee's supervisor laughed with a customer who was calling her stupid and then argued with her when she complained, she became upset, crying, and said she needed to take the rest of the day off.  The Hearing Officer agreed that the employer did not have just cause to terminate her for arguing or leaving early when it did not object or warn her that she would be disciplined.  (Unemployment Appeal Won 3/13/2017)

 

Reporting Off Work is Not a Resignation: Employee who had a conversation about wages with his supervisor and finished the conversation by saying he was "done," had not resigned.  Rather, even though he reported off for the next day, the fact that he asked why the employer took him off the schedules confirmed that he only meant he was "done" with the conversation.  (Unemployment Appeal Won. 3/13/2017)

 

Mere Fact Employee Used Profanity Does Not Mean Employer Had Just Cause to Terminate: Hearing officer agreed that an employee who used the F word, but was responding to the supervisor's use of profanity, was terminated without just cause.  (Unemployment Appeal Won 3/6/2017)

 

Employer Lacked Just Cause to Terminate for Attendance: Employer's policy provided discipline steps for attendance, including termination after the 6th occurrence.  It was shown that Employer did not follow its policy, terminating after the 5th occurrence and with only one prior warning.  (Unemployment Appeal Won 3/3/2017)

 

2nd Lifetime OVI Charge with Refusal Dismissed:  Obtained a dismissal of an OVI despite a prior OVI conviction, and despite a refusal, after strategic discussions regarding weaknesses in the State's case led the prosecutor to agree to a reduced reckless op.  (Huron Muni. 2/28/2017)

 

 Employer Failed to Follow Its Progressive Discipline Policy: Employer who skipped several steps of its progressive discipline policy lacked just cause to terminate because employee had reasonable expectation that employer would follow its own policy. (Unemployment Appeal Won 2/28/2017)

 

OVI Charges Dismissed: Obtained a dismissal of an OVI, protecting our client from a record, suspension and jail time.  Our client was happy  we obtained a reduced reckless op plea, protecting their medical career.  (Shaker Heights Muni. 2/27/2017)

 

Suppression Motion Leads to OVI Dismissal: After filing a suppression motion, an agreement was reached to dismiss OVI charges in exchange for a reckless op plea - avoiding any jail time.  (Ottawa Muni. 2/24/2017)

 

Employer Failed to Show Rule Violation:  Employee was accused of misusing a phone at work, but we showed that she was merely listening to music, which the employer permitted.  (Unemployment Appeal Won 2/14/2017)

 

Employer's Skipping of Progressive Discipline Steps Was Unwarranted: Employer failed to present justification for skipping a step of its own discipline policy, so employee found eligible for compensation.  (Unemployment Appeal Won 2/8/2017)

 

OVI Charges Dismissed: Obtained a dismissal of OVI charges for a client who also had a record of prior charges in exchange for an agreement to a plea of physical control.  (Ottawa County Muni. 1/24/2017)

 

Employer Lacked Just Cause to Terminate:  Hearing Officer approved client for unemployment, persuaded that the employer lacked just cause to terminate for sending emails during work.  The Hearing Officer concluded that the employer did not persuade him that an actual violation of policy occurred.  (Unemployment Appeal Won 1/23/2017)

 

OVI Charges Dismissed: Persuaded court to agree to dismiss OVI and other charges, protecting the client from fines, penalties, and a CDL disqualification, in exchange for an agreement to plea to a non-moving charge. (Vermilion Muni. 12/27/2016)

 

Employer Lacked Just Cause to Terminate: Convinced the Hearing Officer that the employer lacked evidence of wrongdoing of a medical employee despite some complaints from other workers.  (Unemployment Appeal Won 12/27/2016)

 

Employer Failed to Train:  Hearing Officer agreed that the employee was eligible because the employer lacked just cause to terminate.  The Employer knew when it hired the employee that she would need training to perform her job, it failed to provide training, and then it terminated her unjustly for not being able to perform her job as desired. (Unemployment Appeal Won 12/27/2016)

 

Employee Misclassified as 1099 Contractor:  Obtained unemployment compensation for an employee who had been paid as a 1099 independent contractor, but should have been classified as and paid as an employee subject to unemployment compensation. (Unemployment Appeal Won 12/21/2016)

 

 

 

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The Law Offices of

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The Law Offices of Brian J. Smith, ltd. provides legal services throughout Ohio, from Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Strongsville, Garfield Heights, Euclid, Medina, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Lucas, Portage, Sandusky, Seneca, Huron, Medina, Summit, Portage, Geauga County, Lake, Ashtabula.

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Ohio State Bar Association - OSBA
National Lawyers Guild
Ohio Employment Lawyers Association - OELA
American Association of Premier DUI Attorneys
Parma Bar Association
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
National College for DUI Defense
DUI Defense Lawyers Association
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA
DUI Defense Lawyers Association
American Association of Premier DUI Attorneys
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
West Shore Bar Association - WSBA
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Superb Litigation Attorneys
American Association of Premier DUI Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys
National Lawyers Guild
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Ohio State Bar Association - OSBA
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Superb Litigation Attorneys
Clients Choice Criminal Defense Attorneys
American Association of Premier DUI Attorneys
National Lawyers Guild
Parma Bar Association
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys