Whether DUI/OVI cases, unemployment appeals, or criminal cases, Smith's Law Offices' record shows a steady flow of successes for our clients.
Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
During a traffic stop, our client refused to be tested - which can often be the wise choice. For our client, it was because it allowed us to point out a lack of evidence of impairment. As a result, we obtained a dismissal of his OVI with him pleading to traffic citations instead.
On our client's way home in a company vehicle, he stopped at another house, as he had always done. The employer decided to terminate him for it. At a hearing, we not only showed that he had always been permitted to do this, but the company had no policy prohibiting this. As a result, we prevailed at the hearing and our client was approved for benefits.
After our client was charged with an OVI, we conducted an investigation, including the use of an expert, into the traffic stop. After presenting issues to the prosecutor through a suppression motion, we reached an agreement to dismiss the OVI charges with our client pleading to a non-moving citation instead.
By identifying issues with the State's OVI case against our client, we achieved a dismissal of the OVI charges with our client simply pleading to a minor misdemeanor traffic citation with a fine of $150 instead, saving him from an OVI on his record, any jail time and any license suspension.
To qualify for unemployment benefits, a claimant must have sufficient weeks of employment and sufficient income from that employment during their base period. Our client was denied unemployment, apparently because her employers did not adequately report her income. Through a hearing, we showed that she had sufficient weeks of employment and income, and as a result she won her hearing.
Our client was stopped and accused of distracted driving, but also charged with an OVI after providing a breath test. We were able to get a dismissal of the OVI charges, however, after a thorough investigation into his case as presentation of issues with the traffic stop to the prosecutor and judge.
When employers fail to properly report wages, people find their benefits wrongly denied. It takes care to ensure unemployment receives the correct documentation and information to give credit to the claimant. By taking this care, we showed Unemployment that our client did have sufficient weeks to qualify for benefits and as a result she prevailed with her hearing.
Although the employer terminated our client for attendance, and he was initially denied unemployment benefits, through a hearing we showed that that the absences were due to a bona fide medical condition. As a result, the Hearing Officer agreed that he was not at fault and we won the hearing and benefits for him.
Extensive investigations into the OVI charges against our client revealed several issues with the State's case. By presenting these issues and proactively working with our client, we obtained a dismissal of the OVI charges.
Our client was stopped after a caller allegedly reported reckless driving and speeding. The State, however, failed to provide us with audio of that call. We kept the pressure on, filing a motion to compel and for discovery sanctions. This pressure, in conjunction with a thorough investigation of the evidence that was provided, assisted us in obtaining a dismissal of his OVI charges. He pled to a non-moving traffic citation instead, saving him from points to his license, a one-year license suspension, jail time and the impact of an OVI on his record.
ODFJS frequently requires documents to verify a person's identity. When the person turns in the documents, they may still be denied without an explanation of what the issue was with the documents. This is what happened to our client. With our experience, we have gained an understanding of exactly what ODJFS requires and common issues that arise. Using this knowledge, we appealed our client's denial, gathered the documents, and prevailed at a hearing so she could receive her benefits.
Although our client was charged with an OVI, through a complete investigation of her charges and with strategic planning, we obtained a dismissal of the charges with her agreeing to a non-moving traffic citation instead.
To qualify for unemployment benefits each week, a person must among other things be able to work and available to work. Our client found herself denied benefits because ODJFS determined she was unable to work. We presented her case to a hearing officer and achieved a reversal of that determination, resulting in our client receiving her benefits.
Our client's employer unilaterally changed her job expectations and then received different demands from different supervisors. She applied for accommodations, which were granted only to find herself terminated shortly after. We prevailed at her hearing, showing that it was unreasonable to expect her to comply with new guidelines and unclear expectations.
Our client was accused of running a stop sign, causing another driver to swerve off the road. Our client found himself charged with hit-and-skip charges, which in addition to fines and jail time, would have brought a license suspension. We successfully argued that the hit-and-skip statute did not apply to him because his vehicle did not hit anything. As a result, the charges were dismissed.
Our client was charge with an OVI after he was stopped for speeding, subjected to field sobriety tests and refused a breath test. Through an extensive investigation of the allegations, police reports and video, we submitted a motion to suppress much of the evidence the State planned to use in their case. At the hearing over our motion, the prosecution gave in yet again - offering a dismissal of the OVI charges with our client merely pleading to traffic citations instead.
Our client was involved in a single vehicle accident. When the police arrived, an OVI investigation followed. Through extensive negotiations, we were able to obtain a dismissal of the OVI charges, with our client pleading to a traffic citation instead.
The employer terminated our client for a "poor attitude" when he refused to sign a corrective action and questioned the employer about a directive, but followed through with the the directive. Though he questioned, he complied, and the Hearing Officer agreed this did not give the employer just cause to terminate.
Without any prior discipline, our client found himself terminated from his job and his unemployment benefits denied after he called off from work due to the flu. Through a hearing, we showed that the employer lacked just cause to terminate due to a bona fide medical illness. The hearing officer agreed and our client won his hearing.
Our client was stopped for a license plate light and then found himself undergoing an OVI investigation with standardized field sobriety tests and a breath test that was over-the-limit. However, upon our review we discovered that the field sobriety tests were not conducted correctly and the breath test result was actually an invalid result. By proceeding to a suppression motion hearing, we achieved a dismissal of the OVI charges with our client simply pleading to a minor misdemeanor traffic citation instead.
Our client was stopped for speeding but soon found herself undergoing standardized field sobriety tests and providing a breath test at the police station. Despite the test being over the limit, active negotiations with the prosecutor resulted in a dismissal of the OVI charges. With our client pleading to a mere non-moving citation instead, she saved herself from points to her license and the impact of an OVI on her record.
The police stopped our client because his taillights were not on. He was unfamiliar with the car because it was a rental. Despite being 71 years of age and having medical conditions, the police made him submit to standardized field sobriety tests, arrested him and had him provide a breath test. By raising several issues regarding the traffic stop and OVI investigation, we obtained a complete dismissal of the OVI charges with our merely pleading to the taillight citation.
The police followed our client, claiming he was weaving and crossed a marked lane. They used this as justification for initiating a traffic stop that led to OVI charges. By thoroughly investigating the traffic stop, we discovered multiple issues, including video footage showing he went on but not over the marked lane. At a suppression hearing, the case was resolved with a dismissal of the OVI charges with our client pleading to a non-moving citation instead. This saved him from points to his license, an OVI on his record and a year-long license suspension.
When we obtained discovery material for our client who was charged with an OVI, we discovered substantial issues with the traffic stop as well as field sobriety tests. By raising arguments related to these issues, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead.
The police conducted a traffic stop of our client, arrested him, had him provide a urine sample and charged him with an OVI. The urine sample came back showing THC metabolites over the legal limit. By keeping the pressure on the state regarding their response to our discovery requests and utilizing various issues we uncovered regarding the stop, we were able to obtain a dismissal of the OVI charges.
Our client was involved in a traffic stop during which the officer claimed she interfered with the stop. As a result, she was charged with obstructing official business. We leveraged potential language barriers, our client's otherwise clean record and other facts regarding the traffic stop to obtain a completed dismissal of all charges against her.
Our client worked during her second post-graduate year from medical school as a resident at a hospital. Unemployment excludes from covered employment medical interns. They excluded our client's employment as well and denied her benefits. Through an appeal to the Unemployment Compensation Review Commission, we showed that a resident is not an intern, and her employment was covered. As a result, she prevailed and received her unemployment compensation.
Our client was charged with an OVI after a traffic stop during which an over-the-limit breath test sample was supplied. However, we raised multiple issues regarding the traffic stop through a suppression motion. By raising these issues, we were able to obtain a dismissal of the OVI charges with our client pleading to a non-moving traffic citation instead.
During a routine traffic stop, our client was subjected to field sobriety tests and then charged with an OVI. By investigating the matter, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead. This saved her from, among other things, and OVI to her record and high points to her license.
Our client was disciplined for allegedly making an inappropriate comment. She was then disciplined a second time for the same comment. She was then terminated, without given a reason. We demonstrated through a hearing that the employer lacked just cause to terminate and as a result we won the hearing and benefits for our client.
Our client made a delivery of produce as instructed. The employer claimed he did not leave teh produce in the cooler and terminated him. He was initially denied unemployment compensation until we represented him through a hearing and demonstrated that he did exactly what he was trained and instructed to do. As a result, we won his hearing for him.
When a bus driver and union member raised an issue about a fare with a passenger, he found himself subjected to a verbal attack upon himself and his family. After attempting to deescalate the situation, he closed the doors of the bus to proceed. The passenger, who had been standing on the street, kept his foot on the bus as the doors closed, his foot became trapped, and he fell. The employer terminated the union member as a result. We prevailed by showing that the employer lacked any evidence that the employee intentionally closed the doors on the passenger's foot. As a result, he was awarded his job back.
An employer forced our client into a new position, and then it terminated her claiming she was not able to meet the requirements of the new position. We prevailed at a hearing, showing the termination was through no fault of our client. As a result, she won her hearing and her benefits.
Our client submitted a resignation notice. The employer told her not to come back to work and did not pay her through the resignation notice period. She first found herself denied benefits, but through a hearing we showed the hearing officer that this circumstances must be viewed as though a termination. Agreeing with us, the hearing officer concluded there was not just cause to terminate and our client won her hearing.
After being stopped for an alleged marked lanes violation, submitting to field sobriety tests, and providing an over-the-limit breath test result, our client was charged with an OVI. We arrived at court prepared to proceed with a suppression motion hearing when we were able to obtain a dismissal of the OVI charges with our client accepting a traffic citation instead. In addition to saving him from having an OVI on his record, he was able to walk out of court without any driver's license suspension.
Our client found himself denied unemployment after his employer raised of multitude of justifications for his termination. Through a hearing, we addressed each of their concerns by showing the employer failed to follow its progressive discipline policy, other justifications were simply a pre-text, and others were not supported by the evidence. As a result, our client won his hearing and his unemployment compensation.
Our client was involved in a singe-vehicle accident, transported to the hospital, tested and charged with an OVI. Through a thorough investigation and presentation of the State's lack of evidence of impairment (as opposed to a concussion for example), we obtained a complete dismissal of the OVI charges. Our client was also offered a diversion for the failure to control charge, resulting in all charges being dismissed.
Our client worked for a cellular store where she was subjected to ongoing sexual harassment by store customers. She attempted to resolve these concerns with the employer with teh employer responding that she should take at least one of the comments as a compliment. She eventually resigned, only to find her unemployment benefits denied. Through a hearing, we showed that she had just cause to resign and that she was entitled to unemployment compensation. The Hearing Officer agreed.
Our client faced a disqualification of his commercial driver's license after he was charged with an OVI. We appealed that disqualification to put it on pause and engaged in extensive negotiations with the prosecutor, applying all leverage that we could, to obtain a dismissal of his OVI charges and vacating his administrative license suspension to not only save him from the OVI, but to also protect his CDL and his career.
Even though the employer attempted to build a paper trail to support its termination of our client, including a performance improvement plan (PIP), we showed the hearing officer that the employer actually lacked evidence to support its written allegations. As a result, we won the hearing and our client was approved for benefits.
We obtained a dismissal of OVI charges, despite a prior OVI conviction and positive test, with our client pleading to a traffic citation instead.
As is now often the case, our client worked remotely in Ohio for a company located in another state. That company reported his earnings to the other state rather than Ohio and, as a result, Ohio denied his unemployment application. We represented him through a hearing, showing his earnings, and explaining that the law required the employer to report the wages to the state where he actually worked - Ohio. As a result, we won the hearing and he received his benefits.
After being stopped for allegedly committing a marked lanes violation, our client found herself subjected to field sobriety tests, arrested and providing a breath sample that was over-the-limit. Despite this, we obtained a dismissal of the the charges with her pleading to a traffic citation instead. This resulted, at the first court date, with her walking out of court with her license and no jail time.
After our client was terminated by Amazon for alleged unsatisfactory work performance, he found his unemployment benefits denied. We represented him through a hearing and showed that the employer lacked any reliable evidence to support its allegations. As a result, our client won his hearing and his benefits.
Our client was denied unemployment compensation after the employer terminated him without a reason. Unemployment decisions should be based on reasons given at the time of termination. We were able to show that, because the employer gave no reason at the time of termination, it could not show just cause for the termination. The hearing officer agreed and our client won his hearing and benefits.
Although our client's unemployment application was initially denied because the employer claimed it had reasons to terminate the employment, through a hearing we showed that it lacked sufficient evidence to support its decision to terminate. As a result, our client won his unemployment hearing and compensation.
Our client found his unemployment benefits denied several months after receiving them because ODJFS claimed he engaged in fraud. Through a hearing, we showed the Hearing Officer that our client was rightly due his benefits. He won his hearing and benefits as a result.
Our client was charged with an OVI after another person hit his vehicle. By thoroughly investigating his case, and showing that the alleged signs of impairment were more likely due to a concussion he suffered, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation. This protected his record and his driver's license.
Our client was alleged to have had an accident with a police car. He then quickly found himself subjected to field sobriety tests and charged with an OVI. We obtained a dismissal of the OVI charge, with him pleading to a non-moving traffic citation instead. This saved him from points to his license, a year long license suspension, and any jail or drivers intervention programs.
Once again, with through preparation, we obtained a dismissal of OVI charges with our client pleading to a traffic citation instead.
The employer attempted to issue a Performance Improvement Plan to our client. She refused to sign it explaining she did not agree with it. The employer terminated her for refusing to sign it. Through a hearing, we showed the employer lacked just cause for the termination and our client was approved for benefits.
Our client was bitten at work by the owner's dog. The owner refused to ensure the dog would no longer come to the job, so our client resigned. We prevailed with her unemployment hearing, showing that she had just cause to resign.
Our client was involved in a single-vehicle accident and left the scene as a family member arranged for a tow. She was called back to the scene by the police, put through field sobriety tests, provided a breath test and was cited with an OVI. By raising issues regarding the intervening time and method by which the field sobriety tests were conducted, we obtained a dismissal of the OVI charge with our client pleading to a non-moving citation. This saved her from high points to her license, an OVI on her record and a year-long license suspension.
After being terminated from her job, our client found her employer challenging her unemployment benefits by claiming she had instead resigned. Through a hearing, we first persuaded the hearing officer that our client's testimony of a termination was more credible. We then showed that, even if the employer's testimony was true - that our client provided a two week notice and then they told her not to come back in to work - it was still a termination. "If the employee is discharged during a notice of resignation period, and the employer does NOT pay normal wages to the employee for the balance of that period, then the question will be whether there was just cause in connection with work to support the discharge." After first arguing that our client resigned, the employer then changed its story to argue that it had just cause to terminate. The Hearing Officer rejected this claim as well. We won the hearing and the unemployment benefits for our client.
Our client reported off from work due to a bona fide medical condition. The employer, however, terminated her because she reported off by text message. The Hearing Officer agreed with us that this did not provide just cause to terminate. We won the unemploymetn benefits for our client as a result.
Our client worked from home for about seven years, only to find her employment terminated and her unemployment benefits denied because the employer claimed she printed sensitive information at home. We prevailed at a hearing by showing she did her job just as she was trained to and, therefore, if the employer wanted to change the application of its policies it needed to do so by providing notice rather than an immediate termination. As a result, she was approved for her benefits.
Our client was charged with a first-in-ten OVI, but a third-lifetime OVI. He also refused the breath tests, which potentially doubled the mandatory minimum penalties. Despite this, we were able to obtain a dismissal to all of the OVI citations with a plea to a non-moving citation instead.
Our client had received prior discipline when she was terminated for problems during the sale of an item at the store. We proceeded through a hearing and showed that the problems with the sale were due to the fault of another employee. As a result, there was no just cause to terminate our client. She won her hearing!
Our client made a comment to a co-worker, which a customer believed was directed toward her. As a result, she filed a complaint with the employer and our client was terminated. Through a hearing, we brought to light the misunderstanding. The Hearing Officer understood and we prevailed. Our client won his benefits.
Our client was involved in a roll-over accident after which she found herself charged with an OVI. By thoroughly investigating her case, raising multiple issues regarding the lack of evidence of impairment, and through intensive negotiations we obtained a dismissal of the OVI charges. Our client pled simply to a failure to control citation and a speeding citation. As a result, she was saved from an OVI conviction on her record, a license suspension, any jail time or driver's intervention programs, and high points to her license, which would have been the result of an OVI conviction.
To qualify for unemployment benefits each week, a claimant must among other things be able to work, available to work and actively seeking work. ODJFS denied months of benefits to our client, claiming he was not able to work. We appealed, we prevailed and our client's benefit payments were released to him.
Our client was terminated due to allegedly failing to meet performance expectations. However, through a hearing we showed that any prior discipline had deactivated, that she did not receive adequate instructions, and their her job duties had changed since she accepted the position. She won her hearing and her benefits.
By quickly and thoroughly investigating our client's case, we obtained the dismissal of the OVI charges with a plea to a traffic citation instead. We saved him from jail, a three-day driver's intervention program, high points to his license and a license suspension.
After being charged with an OVI, our client contacted us for representation. We aggressively represented her, obtaining a dismissal of the OVI, with her pleading to a non-moving citation. As a result, she walked out of court without a license suspension or points to her driving record.
Our client was working remotely, his work computer stopped working, and he emailed himself customer information so he could continue to do his job and make calls. The employer terminated him, claiming he did not protect the customer's information. Through a telephone hearing, we showed that the employer lacked just cause to terminate. As a result, his benefits were approved.
Many people find their benefits denied due to claims they did not verify their identity. To prevail with such appeals, it is important to ensure that the appeal is filed timely, that all required documentation is submitted, and that the documentation is legible. By ensuring our client's documentation met all of these requirements, we won his unemployment appeal and his benefits were paid.
After being stopped for allegedly speeding, our client was charged with an OVI. He performed standardized field sobriety tests and refused a breath test at the station. Negotiations resulted in an agreement to drop the OVI charges to traffic citations, saving our client from a year-long license suspension, 6 points to his driving record and the consequences of having an OVI on his record.
Our client was stopped for expired license plates but he quickly found the stop escalated into a DUI investigation and charge. We raised several issues regarding the stop and, in particular, the decision to expand and prolong the stop into an investigation. These arguments resulted in a dismissal of the OVI charge with our client pleading to a non-moving citation instead. This saved him from a year-long license suspension, any jail time and points to his license.
Our client was charged with a hit-and-skip (a first-degree misdemeanor) and OVI after allegedly hitting a mailbox and testing over the legal limit. We were proactive, investigating the charges and helping to put her in the best possible position to reach a resolution. This approach was successful, resulting in the dismissal of these charges with her pleading to a non-moving citation instead. This protected her driving record from any points and saved her from a mandatory one-year license suspension.
After allegedly going through a red light, our client was stopped, subjected to field sobriety tests and charged with an OVI. We raised issues regarding the investigation as well as many mitigating factors for our client and as a result, the OVI charges were dropped.
Our client was hired to work at a cable company. During training, the trainer brought up a family member’s account. Our client then allegedly brought up a family member's account only to find himself terminated as a result. He was also denied unemployment benefits until we represented him through a hearing and showed the Hearing Officer that the employer not only trained him that it was okay to do so, but it lacked a policy that mandated termination for such conduct. As a result, he was rightfully awarded his unemployment benefits.
A person who holds an Ohio CDL (Commercial Driver's License) is subject to a one-year disqualification after a first-time OVI and a lifetime disqualification after a second OVI. Our client had three OVI's on his record; however, due to the timing of the first two they did not count against his CDL. However, if received another OVI he would lose his CDL, and as a result his career, for life. We raised many issues regarding his traffic stop and, as a result, obtained a dismissal of the new OVI charges with him pleading to a non-moving citation instead. This, along with having the administrative license suspension vacated, was necessary to save his CDL.
Our client found herself terminated from her job and denied unemployment benefits because the employer claimed it had just cause to terminate her employment. We presented facts to show she was actually terminated for the mistakes of a co-worker and, as a result, we prevailed with our unemployment appeal.
After allegations of crossing marked traffic lines and providing a breath sample that was over the legal limit, our client was charged with OVIs. We got those OVI's dropped with our client pleading to a non-moving citation instead. Within two months of the citation, he walked out of court with his driver's license in hand and no license suspension, he avoided high points to his license and any jail time, and he had the $475 reinstatement fee waived.
Our client found his unemployment benefits challenged by his employer at each appeal step. Once a hearing was reached, we researched his file thoroughly and showed the Hearing Officer that the employer's appeal was filed late. The Hearing Officer agreed, rejected the appeal, and as a result our client was approved for his benefits.
The police initiated a traffic stop of our client because they claimed her license plate light was out at about 3:30am. The traffic stop quickly escalated to OVI and marijuana possession charges. When urine test results came in, an additional charge was brought for being over the legal limit of THC metabolites. After a thorough investigation of the case, we raised issues that resulted a dismissal of the OVI charges. Our client pled instead to a non-moving violation. As a result, she received no points to her driver's license, no license suspension and no jail. She also protected her good record.
After a head-on accident, our client was transported to the hospital. A state trooper initiated an investigation at the hospital and ultimately charged our client with an OVI and performed a urine test that came back with positive results. After a thorough investigation and filing multiple motions, we achieved a dismissal of the OVI charges with our client pleading to a non-moving citation. As a result, she avoided points to her license, a year-long license suspension and did not have to serve any time in jail or at a driver's intervention program.
Our client found himself subjected to field sobriety tests after the police arrived at his vehicle due to a report of a suspicious vehicle. We raised issues regarding the initial involvement of the police, signs of impairment and the conditions under which the field sobriety tests were conducted. By doing so, we achieved a dismissal of the OVI charges with our client pleading to a non-moving citation instead. This saved him from any jail, from the driver's intervention program, from points to his license and a year-long license suspension.
The police initiated a traffic stop of our client due to tinted windows, though the stop escalated into an OVI citation. Our investigation revealed that symptoms of anxiety during the stop were misinterpreted as signs of impairment. Leveraging this evidence, we obtained a complete dismissal of the OVI charges with our client merely pleading to the tinted windows citation with a fine of $10.00.
Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. As a result, we were able to obtain a dismissal of the OVI charges with her pleading to a traffic offense instead. This saved her from high points on her license, an OVI on her record, and she walked out of court with her license and no suspension.
Our client was charged with an assault after an altercation with a girlfriend in his home. Despite the prosecution initially demanding a plea and a month in jail, we uncovered substantial credibility issues with the "victim." As a result, all charges against our client were completely dismissed.
Our client's husband was diagnosed with a life threatening medical condition. On her last day of employment, he required an emergency trip to the hospital. However, our client then found herself terminated and her employer fighting her unemployment benefits. Through a hearing, we showed that her absences were due to circumstances beyond her control, that she was not at fault and that she was eligible for benefits. The Hearing Officer agreed and approved her benefits.
After an alleged altercation at work, the employer terminated our client and he was denied unemployment compensation. Through a hearing, we showed the hearing officer that the allegations of an altercation were overblown and lacked credibility. The Hearing Officer agreed that the employer lacked reliable, probative and substantial evidence to corroborate their allegations. As a result, our client won his hearing and his benefits.
Our client was charged with a second life-time OVI with an over-the-limit breath test of 0.162. His priority to was to save his commercial driver's license which was subject to an automatic disqualification after an OVI. To accomplish this, we achieved an order vacating his administrative license suspension due to issues we raised with the ALS form. We then entered into extensive negotiations with the prosecutor involving the arresting officer and judge to reach an agreement pleading down the OVI and avoiding any license suspension. As a result, we not only saved our client from an OVI conviction but we also protected his CDL and his livelihood.
After being stopped for allegedly driving without headlights on, our client found herself subjected to SFSTs and giving a breath test that the police claimed was over twice the legal limit. However, through thorough preparation and extensive investigations, we obtained a dismissal of the OVI charges with our client accepting a non-moving citation instead. This saved her from points to her license and from a year-long license suspension, not to mention the problems an OVI would cause for her employment.
So many people are receive denials of their unemployment and fraud determinations because Unemployment is requiring a variety of identity documents. Typically, one needs to provide a copy of a photo ID, a second photo ID or a picture of them holding the first photo ID, a birth certificate, social security card, bank statement or voided check from the bank where their benefits are paid, and if they have married and changed their last name then their marriage certificate too. The social security card should be signed and the bank statement should show the person's name and account numbers. Unfortunately, when Unemployment rejects the documents, they often do not explain why. Because we know what they are looking for, we are frequently able to clear up these issues as we did in a case for which we receive another win for our client today.
Our client was involved in a physical altercation with another individual after she found herself charged with first-degree misdemeanor Assault with potential penalties including a $1,000 fine, six-months of jail and the obvious negative implications of having such a conviction on her record. Through investigating the allegations and extensive negotiations with the prosecutor, we obtained a dismissal of the assault charges. Our client pled to disorderly conduct instead, saving herself from any jail, high fines and the impact to her record.
Our client received a warning and then a termination due to absences. We showed that most if not all of the absences were due to personal illness or injury. As a result, the Hearing Officer agreed that she was not at fault for the absences and her benefits were approved.
Our client had a medical appointment during which she received received injections to her neck and an excuse to be off the rest of the day. She immediately reported this to her employer only to find out that she was terminated for "shirking her job responsibilities." Through a hearing, we showed the Hearing Officer that she was not at fault for being absent due to a bona fide medical issue. Further, she properly called off from her shift when she was given the doctor's note. As a result, she won her hearing and her benefits were approved.
More than a year after our client received PUA benefits, he received a denial and fraud allegation. ODFJS demanded all of his payments be repaid. Through an appeal, we obtained a win eliminating the overpayment balance.
Our client obtained a job while receiving unemployment. After only 2 1/2 days at the new job, he was terminated and then denied unemployment. The employer claimed that he failed to meet performance expectations. Through a hearing, we showed the hearing officer that he performed the tasks that were asked of him, that the expectations were not made clear at time of hire, and that it was not reasonable to expect him to meet all performance expectations after only 2 1/2 days. As a result, his benefits were approved.
Out client worked as a truck driver with a commercial driver's license. He experienced a medical issue after which his employer pulled him from working and placed him on unpaid FMLA. Our client was able to work, but just not able to work that job. He applied for unemployment and received a denial for being on a leave from his employer. We prevailed at a hearing, showing that (a) an employee can receive benefits during an involuntary leave and (b) he was otherwise able to work. As a result, he received his unemployment benefits.
Despite our client being allegedly observed drinking a beer while driving, we fought the OVI charges that were brought against him and obtained a dismissal of the charges with our client pleading to a traffic citation instead. This protected our client from a license suspension, jail time and the driver's intervention program.
After being charged with an OVI, our client sought our services for an aggressive defense. Through extensive investigation, we raised evidentiary issues regarding the case and obtained an agreement to dismiss the OVI charges with our client pleading to a traffic citation instead. This saved her from a license suspension, a driver's intervention program and jail, probation, high points to her driving record and an OVI on her record. Instead, she simply paid a small fine.
Our client was employed pursuant to a one-year employment contract. The employer informed our client that they would not renew the contract and our client provided a resignation notice with the resignation being the last day of the contract. The employer argued that he should not qualify for benefits; however, the Hearing Officer agreed that neither the fact that the contract was temporary nor that a resignation notice was tendered for the last day of the contract eliminated eligibility. As a result, we won the hearing.
Our client accepted a job offer and then, after only a week of work, was let go. The employer claimed his computer skills were not where they needed to be. ODJFS denied benefits, claiming our client resigned without just cause. Through a hearing we showed that he was terminated and that the termination was without just cause because there was inadequate training and no warnings regarding his job performance.
Our client was terminated for failing to meet performance expectations. Through a hearing, we showed that the sixty-days the employer allowed our client to meet expectations was unreasonable given the lack of guidance, training and follow-up provided to our client. As a result, we won the hearing and his benefits.
Like many people, our client received a denial of his unemployment benefits with a claim that he had committed fraud. We investigated his case and discovered that this was related to identity documentation. ODJFS requires (a) a photo id; (b) a second photo id or a selfie of the person holding the first photo id; (c) birth certificate; (d) social security card; (e) a copy of a voided check or bank statement from the bank to which benefits were sent; and (f) if the person no longer has their maiden name - a copy of their marriage certificate. We helped our client to gather and submit this documentation, prepared him for the hearing, and helped him make his case to the hearing officer. As a result he won his hearing and his benefits.
Our client was experiencing health concerns that ultimately led to her requesting FMLA. When she returned from FMLA, she was forced to sign a resignation or be terminated. The employer claimed that there were performance issues prior to her FMLA. We showed the hearing officer that these issues were due to her health concerns, which were beyond her control. As a result, we won the hearing and she was approved for benefits.
Although an employer alleged several issues of misconduct by our client; by researching the case thoroughly and preparing our client for the hearing, we presented credible testimony and evidence to dispute those allegations. As a result, we won the hearing and our client received her unemployment benefits.