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.
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.
On the back of our suppression motion, OVI charges were dismissed in exchange for a non-moving violation.
On the day of trial, the prosecutor agreed to dismiss hit and skip charges, leaving only a $75.00 fine for assured clear distance.
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.
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.
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.
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.
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.
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.
Employer failed to show any misconduct after last discipline and therefore lacked just cause to then 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.
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.
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.
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.
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."
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."
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.
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.
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.
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.
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.
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.
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.
After filing a suppression motion, an agreement was reached to dismiss OVI charges in exchange for a reckless op plea - avoiding any jail time.
Employee was accused of misusing a phone at work, but we showed that she was merely listening to music, which the employer permitted.
Employer failed to present justification for skipping a step of its own discipline policy, so employee found eligible for compensation.
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.
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.
Convinced the Hearing Officer that the employer lacked evidence of wrongdoing of a medical employee despite some complaints from other workers.
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.
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.
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.
Our client was cited with an OVI after a traffic stop during which she declined to take a breath test. Through extensive negotiations, we reached an agreement that resulted in the OVI charges being dismissed without any court imposed license suspension.