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.

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.

OVI and Resisting Arrest Charges Dismissed:

In exchange for a plea to a non-moving violation and minor misdemeanor, saving our client from a license suspension, points to his driving record and mandatory jail time, we were able to get the following charges dismissed entirely: OVI, left of center, improper turn, weaving, seat belt violation and resisting arrest.

  
September 18, 2018
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Removing employee from work due to FMLA application is without just cause:

At a labor arbitration hearing between the Greater Cleveland Regional Transit Authority and the Amalgamated Transit Union Local 268, the arbitrator agreed that the employer lacked a good reason to pull the employee from work simply because they filed for and extension FMLA. The Arbitrator rejected the employer's argument that they needed to pull the employee because of their medical diagnosis when we showed they had worked under the same FMLA for over a year without issue.

  
September 18, 2018
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Employer effectively terminates employee without just cause, even though the words, "You are fired-" were not used:

The employer told our client that he did not "give a f*** about" her, that he had, "no use for her anymore," that her "career was on the line" and that she had until the end of the day to "prove her worth" to him at which point he hung up the phone- cut off her access to the company's database and her company cell phone was deactivated. The Hearing Officer agreed that this was effectively a termination and the employer lacked just cause.

  
August 30, 2018
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When you call off and send an email, it is not a no-call/no-show:

Although our client attempted to call off but could not leave a message and sent an email to human resources reporting off, the employer terminated him for a no-call/no-show. The hearing officer agreed that this was not a no-call/no-show.

  
August 27, 2018
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Employer Lacked Just Cause to Terminate:

Employer failed to present sufficient evidence to support its claim that it had just cause to terminate an employee for failing to inspect a part.

  
August 24, 2018
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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.

  
August 24, 2018
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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.

  
August 15, 2018
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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.

  
August 9, 2018
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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.

  
August 8, 2018
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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.

  
July 30, 2018
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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.

  
July 26, 2018
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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.

  
July 26, 2018
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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.

  
July 13, 2018
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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.

  
July 12, 2018
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OVI Dismissed:

After intensive negotiations, OVI charges were dismissed with our client pleading to just a non-moving violation instead.

  
July 12, 2018
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OVI Dismissed:

After researching our clients 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.

  
June 28, 2018
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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.

  
June 19, 2018
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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 showing that the ALS form was not properly filed with the court.

  
June 19, 2018
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OVI Dismissed:

Court agreed to dismiss a refusal OVI in exchange for a plea to a non-moving violation.

  
June 18, 2018
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Arbitrator Agrees that Uncorroborated Hearsay is Insufficient to Discipline Employee:

At a labor arbitration hearing between the Greater Cleveland Regional Transit Authority and the Amalgamated 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.

  
June 12, 2018
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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.

  
June 6, 2018
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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.

  
June 5, 2018
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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.

  
June 1, 2018
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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.

  
June 1, 2018
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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.

  
May 17, 2018
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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.

  
May 14, 2018
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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.

  
May 10, 2018
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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.

  
May 1, 2018
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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.

  
May 1, 2018
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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.

  
April 25, 2018
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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 well-being of the patients at risk.

  
April 16, 2018
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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.

  
April 13, 2018
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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.

  
April 2, 2018
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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.

  
March 29, 2018
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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.

  
March 27, 2018
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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.

  
March 22, 2018
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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.

  
March 19, 2018
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2nd OVI With Refusal and Accident Dismissed:

After arguing suppression issues, the court agreed to reduce charges eliminating all mandatory jail time.

  
March 16, 2018
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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

  
March 15, 2018
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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.

  
March 13, 2018
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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.

  
March 7, 2018
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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.

  
March 7, 2018
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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.

  
March 6, 2018
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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.

  
March 1, 2018
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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.

  
February 26, 2018
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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 employe'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.

  
February 26, 2018
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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.

  
February 22, 2018
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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

  
February 16, 2018
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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.

  
February 16, 2018
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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.

  
February 16, 2018
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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.

  
February 16, 2018
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OVI Suspension and Leaving the Scene Dismissed:

Through negotiations with the prosecutor, it was agreed that all charges should be dismissed.

  
February 8, 2018
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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.

  
February 7, 2018
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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.

  
February 1, 2018
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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.

  
January 18, 2018
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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.

  
January 18, 2018
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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.

  
January 17, 2018
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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.

  
January 16, 2018
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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.

  
January 8, 2018
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OVI Refusal Charges Dismissed:

OVI charges dismissed, saving our client who was not a US citizen potential VISA problems, and eliminated a license suspension.

  
January 3, 2018
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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.

  
December 22, 2017
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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.

  
December 22, 2017
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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.

  
December 18, 2017
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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.

  
December 12, 2017
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Not all mistakes warrant termination:

Due to a lack of training, and employee who made a mistake at work was terminated without just cause.

  
December 11, 2017
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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.

  
December 5, 2017
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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.

  
December 4, 2017
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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.

  
November 30, 2017
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OVI Charges Dismissed:

Client avoided both jail time and the driver intervention program when we successfully obtained a dismissal of OVI charges.

  
November 21, 2017
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OVI Charges with Accident Dismissed:

OVI charges against our client who fell asleep after taking prescription medications were dismissed.

  
October 25, 2017
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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.

  
October 20, 2017
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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.

  
October 19, 2017
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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.

  
October 17, 2017
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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.

  
October 17, 2017
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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.

  
September 26, 2017
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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.

  
September 21, 2017
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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.

  
September 19, 2017
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0.229 OVI Dismissed:

High tier OVI dismissed with our client avoiding both jail time and a license suspension.

  
September 18, 2017
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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.

  
September 7, 2017
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Employer lacked evidence to justify termination for alleged assault:

Employer's claim that employee attempted to assault another employee was not credible.

  
September 5, 2017
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Employee did not resign by leaving early from work:

Employer's claim employee resigned was refutted by employee's email informing the employer they were just leaving early due to illness.

  
August 30, 2017
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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.

  
August 30, 2017
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Termination of employee who followed instructions was without just cause:

Demonstrated that the employee was terminated for following instructions.

  
August 29, 2017
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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.

  
August 28, 2017
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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.

  
August 16, 2017
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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.

  
August 7, 2017
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Second Refusal OVI Dismissed:

OVI charges dismissed in exchange for a reckless op plea, getting our client back to driving.

  
August 7, 2017
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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.

  
August 3, 2017
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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.

  
July 28, 2017
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Sobriety Checkpoint OVI Dismissed:

After challenging the Constitutionality of a sobriety checkpoint, the court agreed to dismiss OVI charges.

  
July 19, 2017
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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.

  
July 19, 2017
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Employee Error Did Not Warrant Termination:

Employer lacked just cause to terminate an employee who was given unreasonable expectations.

  
July 7, 2017
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Allegations of Falsification of Records Not Substantiated:

Sivinski Law Offices showed that the employee followed the normal practice and had permission to adjust records.

  
June 27, 2017
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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.

  
June 22, 2017
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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.

  
June 20, 2017
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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.

  
June 20, 2017
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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.

  
June 8, 2017
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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.

  
June 2, 2017
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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.

  
May 19, 2017
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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.

  
May 18, 2017
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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.