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.

Unemployment Appeal Won:

While receiving unemployment, our client became unavailable to work one week due to the need to care for a child. ODJFS denied her for not only that one week, but for all following weeks. Through a telephone hearing, we persuaded the Hearing Officer that that our client was eligible for benefits for all other weeks and as result her overpayment was eliminated and her benefits were approved.

  
Unemployment Appeal Won
April 8, 2021
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Employee Unable to Work Due to COVID Testing Approved for Unemployment:

Our client tested positive for COVID and was required to quarantine until she tested negative. In the meantime, the employer terminated her employment. Her claim for unemployment was initially denied, with ODJFS concluding she quit her employment without just cause. However, through a hearing we were able to persuade the Hearing Officer that this was a termination without just cause. As a result, our client was approved for benefits with a backpayment.

  
Unemployment Appeal Won
April 5, 2021
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Unemployment Approved After Employee Worked a Temporary Job:

Our client was receiving unemployment benefits when he obtained a temporary one day job. However, instead of reopening his claim the following week when he did not have any more income, he simply filed another weeks claim as most people seem to do. He was denied for not reopening his claim and provided a sufficient reason for not having any more income. Through the appeal process, we showed that this was a temporary job and as a result he was approved for unemployment with his overpayment eliminated.

  
Unemployment Appeal Won
March 31, 2021
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Laid Off Employee Approved for Unemployment:

Our client was laid off from work, called back for a week, and then laid off again. The employer attempted to get her unemployment benefits denied by claiming she was on a voluntary leave. Through a telephone hearing, we conveyed that the employer was dishonest and as a result unemployment benefits were approved.

  
Unemployment Appeal Won
March 30, 2021
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OVI, Child Endangerment and Driving Under an OVI Suspension Dismissed:

Our client received multiple charges including an OVI, child endangerment and driving under an OVI suspension. After raising issues about the State's failure to preserve all video and evidentiary issues - including about who was operating the vehicle - an agreement was reached dismissing the charges. By pleading to a simple traffic offence, our client was saved from any jail time, from having to complete a drivers intervention program, from high points to his license, a damaging criminal record, and high fines.

  
Ottawa County Municipal Court
March 24, 2021
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Unemployment Benefits Approved After Termination:

Our client was placed on an performance improvement plan at work and then terminated. Through a hearing, we showed that performance issues improved after the PIP and that the employer lacked just cause to terminate. The Hearing Officer agreed, approving our client for benefits with a back-payement.

  
Unemployment Appeal Won
March 24, 2021
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Unemployment Appeal Won After Temporary Job:

Our client was laid off from work and applied for benefits. His employer later offered him a temporary assignment for one week, and then the layoff resumed the following week. Because our client did not restart/reopen his claim for the week with no earnings, unemployment denied him claiming he did not show a valid reason for not having work. After working to obtain documentation and submit an appeal, the appeal was granted and he was approved for benefits.

  
Unemployment Appeal Won
March 23, 2021
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Employee Terminated After Resignation Approved For Unemployment:

Our client resigned from employment, providing a standard two-week notice. The employer terminated him before the end of the two weeks due to the resignation. Although he was initially denied for unemployment for lacking just cause to resign, we prevailed at a hearing by showing that it was a termination rather than a resignation. The Hearing Officer agreed with us that the law is, if an 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. Here there was no just cause to terminate, and as a result unemployment benefits were approved.

  
Unemployment Appeal Won
March 17, 2021
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Assault Charges Dismissed:

Our client was charged with a fourth-degree misdemeanor assault after an altercation at a store. Though the incident was captured on video and defenses were tenuous at best, extensive negotiations were held that led to a dismissal of the assault charges with our client entering a plea to a much lower disorderly conduct charge. This saved our client from up to six-months in jail, up to a $1,000.00 fine, the impact to his criminal record and potential loss of his job.

  
Euclid Municipal Court
March 17, 2021
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OVI Charges Dismissed:

Our client was charged with an OVI after the police observed him get into a vehicle, start it and turn on the lights. We prevailed in showing that an OVI conviction requires actual movement of the vehicle, which did not happen in this case. As a result, the OVI charges were dismissed with our client entering a plea to a non-moving citation instead.

  
Fremont Municipal Court
March 16, 2021
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Second Time High Test OVI Dismissed:

Our client was charged with a second-time OVI and a high tier test reading. Through extensive negotiations, we were able to achieve a dismissal of the OVI with our client pleading to a reduced charge of reckless op. This saved our client from high points to her license and harsh OVI mandatory minimums.

  
Painesville Municipal Court
March 16, 2021
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Etsy Seller Approved Unemployment:

Our client was approved unemployment compensation, but denied after she sold a few items on Etsy. We showed unemployment that our client, regardless of a few sales on Etsy, remained eligible for unemployment compensation. As a result, an overpayment of $30,000.00 that unemployment was seeking was eliminated, with our client approved for future benefits as well.

  
Unemployment Appeal Won
March 15, 2021
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OVI Charges Dismissed Due to Medical Issues:

Our client was charged with an OVI. Despite showing some signs of impairment and damage to his vehicle, he submitted to a breath test that showed no alcohol. A search of his vehicle was done that showed no drugs. We presented evidence that he may have been experiencing a medical issue, and as a result the OVI charges were dismissed with him pleading to just a non-moving citation.

  
Rocky River Municipal Court.
March 11, 2021
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Client with Lifting Restrictions Awarded Unemployment:

Our client had lifting restrictions that prevented her from working her current job, though she could have worked other jobs. While she was initially denied unemployment, we showed the Hearing Officer that her inability to work was through no fault of her own and she remained otherwise available to work. The Hearing Officer agreed, holding, "The leave of absence, therefore, was involuntary and claimant was involuntarily unemployed." As a result, her unemployment benefits were approved.

  
Unemployment Appeal Won
March 4, 2021
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Unemployment Won - Week of Earnings Follow by a Week With No Earnings:

When a person is receiving unemployment benefits, they may still have some work and some income. However, when they have a week of earnings followed by a week with no earnings, they cannot simply file regular claims but must restart their claims for the week with no earnings. This will prompt questions about why there were no earnings (e.g., did the person refuse work, were they fired, did they quit, etc...). The unemployment system makes this entirely unclear and as a result many people get fall into this trap that includes a denial for all subsequent weeks. Our client was one such victim; however, we appealed and prevailed at a telephone hearing by showing that the person did not have any work available during the week with no earnings. As a result, a substantial overpayment was eliminated for our client.

  
Unemployment Appeal Won
March 3, 2021
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Unemployment Benefits Approved After Termination:

Our client was hired as an account representative with certain revenue goals to meet. Despite meeting those goals and receiving a promotion, the Employer added additional performance criteria that our client did not meet for one month. After the Employer terminated our client and ODJFS initially denied benefits, we prevailed at a telephone hearing by showing that our client was a good employee, met the performance expectations he was given when hired, and the new performance expectations were not reasonable. As a result, his benefits were approved.

  
Unemployment Appeal Won
February 26, 2021
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PUA Benefits Approved:

Our client had sporadic W-2 employment during 2019 that came to an end, but she was also hired to start a new job in 2021. The new job offer was rescinded due to COVID. She applied for and was denied PUA benefits because they determined the reason the W-2 employment came to and end was not COVID related. During a telephone hearing, we persuaded that the hearing officer that, regardless of why the W-2 employment came to an end, she qualified for PUA benefits because she was hired to start another job but that new job offer was rescinded due to COVID. As a result, unemployment benefits were approved.

  
Unemployment Appeal Won
February 26, 2021
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Unemployment Case Won in Cuyahoga County Common Pleas:

Our client found her hours at work cut in half and benefits eliminated. The employer said that it would work to restore her hours, but after seven weeks they remained the same. As a result, she resigned. ODJFS and Hearing Officer Leanne Colton of the UCRC concluded that she did not have just cause to resign. We appealed the case to court, drafted legal briefs, and obtained a decision reversing the earlier denials and approving her benefits.

  
Unemployment Court Appeal Won
February 23, 2021
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Labor Arbitration Hearing Won:

An employee of the Greater Cleveland Regional Transit Authority was driving her bus when an SUV to the right of her illegally turned left into her bus. The RTA disciplined the employee, claiming she could have done more to prevent the accident. We represented her union, the Amalgamated Transit Union Local 268 through an arbitration hearing, drafting post-hearing briefs, and ultimately persuading the arbitrator that the preventability determination was made with the benefit of hindsight - not based on what the employee knew at the time - and therefore the RTA lacked just cause to issue the discipline.

  
Labor Arbitration Hearing Won
February 23, 2021
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UBER Driver Approved for PUA Benefits:

Our client was an OBER driver who found their business fall off when the pandemic hit. He applied for PUA benefits, but was denied because unemployment believed he was not working simply to avoid contracting COVlD-19. We persuaded the Hearing Officer that the public health emergency severely limited his ability to continue performing his customary work activities, and as a result, he was approved for PUA benefits.

  
Unemployment PUA Benefit Appeal Won
February 18, 2021
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Domestic Violence Charges Dismissed:

After an argument erupted between our client and his girlfriend, he found himself charged with domestic violence. After obtaining discovery material from the state and thoroughly researching the allegations, we met with the prosecutor and reached an agreement that included a dismissal of the domestic violence charges.

  
Vermilion Municipal Court
February 16, 2021
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Employee Approved for Unemployment Compensation:

Our client was hired for a local job, only to find during orientation that the employer hired her into a position that was different from the position she accepted. Further, the new position required travel and overnights out of the state. For several reasons, our client was unable to do such traveling and, after attempting to resolve the issue with the employer, she resigned. The Hearing Officer agreed with us that she had just cause to resign and she was approved for unemployment benefits with a backpayment.

  
Unemployment Appeal Won
February 12, 2021
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OVI Charges Dismissed:

Our client was pulled over for speeding and then subjected to field sobriety tests and a chemical test that indicated she was over the legal limit. However, after reviewing discovery material and attending pre-trials, we were able to persuade the prosecutor and judge to agree to dismiss the OVI charges with our client pleading instead to a non-moving traffic citation, saving her from points, jail, a license suspension and high fines.

  
Cleveland Municipal Court
February 10, 2021
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ALS Vacated - CDL and Job Saved After OVI Charges:

Our client held a commercial driver's license (CDL) for his employment. After being charged with an OVI, he needed to not only achieve a reduction of the OVI but his administrative license suspension (ALS) needed to be vacated. We achieved exactly that, preserving his CDL and his job.

  
Cleveland Municipal Court.
February 5, 2021
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Unemployment Appeal Hearing Won:

Our client had disagreements with co-workers who eventually accused our client of making threats. During a telephone hearing, we showed that the employer lacked any credible evidence that the accusations were true while we helped our client to credibly explain what happened. The Hearing Officer agreed that the employer lacked just cause to terminate and as a result our client was approved for unemployment with a backpayment.

  
Unemployment Appeal Won
February 4, 2021
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Unemployment Benefits Awarded:

Our client had a minor surgery while collecting unemployment and unemployment responded by denying the remainder of her benefits denied as being unable to work. We proceeded through a telephone hearing and persuaded that Hearing Officer that our client was in fact able to work and eligible for benefits. As a result, she received her unemployment including a backpayment.

  
Unemployment Appeal Won
February 4, 2021
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Unemployment Approved After a Denial for a Week of Earnings Followed by a Week of No Earnings:

When an a claimant is receiving unemployment and has a week of earnings followed by a week of no earnings, they are supposed to restart their claim to explain why they had no earnings. This is less than clear and many claimants do not realize this. Our client was one such claimant and as a result was denied benefits and asked to pay back nearing $9,000.00. We helped show why our client had one week of no earnings and why they remained eligible for benefits, and as a result obtained a win for our client eliminating the overpayment.

  
Unemployment Appeal Won
February 3, 2021
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Unemployment Benefits Approved After Resignation Due to Mistreatment and Reduction of Hours:

Our client worked for a restaurant where the owner seemed to target her due to the color of her skin. For example, the owner instructed her to straighten her hair while not giving the same directive to white employees. The employer then reduced her weekly hours from 30 to 12. The Hearing Officer agreed with us that our client had just cause to resign and as a result her unemployment compensation was approved.

  
Unemployment Appeal Won
January 28, 2021
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OVI Charges Dismissed:

We represented our client for OVI charges and achieved a dismissal of the charges through intensive negotiations with the prosecutor.

  
Cleveland Municipal Court
January 12, 2021
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Unemployment Approved for Individual Terminated Due to Lifting Restriction:

Our client had a medical issue that limited the weight he could lift. The employer terminated him, claiming he could not do his job. Although our client was initially denied unemployment benefits, we demonstrated that there is no just cause to terminate for bonafide medical issues. As a result, our client was approved for benefits.

  
Unemployment Appeal Won
January 11, 2021
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Unemployment Appeal Won

Our client accepted a new job while on unemployment but found the physical demands of the job exceeded is ability. As a result he resigned. Although unemployment initially denied him for the denial, we prevailed at the hearing by showing he was not medically able to do the job. As a result, his benefits were approved.

  
Unemployment Appeal Won
January 6, 2021
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Unemployment Benefits Approved for Employee Who Resigns Over COVID Safety Protocols:

Our client worked at a medical office where COVID safety protocols were not being followed. She raised her concerns to the employer to no avail and as a result resigned. The Hearing Officer agreed that she had just cause to resign and was approved for unemployment benefits.

  
Unemployment Appeal Won
December 24, 2020
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Unemployment Appeal Granted and Benefits Paid:

Our client was receiving unemployment when he received a job offer. He could not work the week the job was offered due to a medical reason. ODJFS denied him benefits from the date of the job offer forward. The Hearing Officer held; however, that while he was not able to work one week, he was eligible for all other weeks and future claims. His unemployment was approved with benefits.

  
Unemployment Appeal Won
December 14, 2020
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Approved for Unemployment After Unjust Termination:

Our client was asked to return to work after being laid off due to COVID. She had concerns about returning that she expressed to the employer and awaited a response. The employer responded by terminating her though, claiming she no-call/no-showed for work. The Hearing Officer disagreed and issued a decision approving our client for unemployment benefits.

  
Unemployment Appeal Won
December 4, 2020
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Second Lifetime OVI with Refusal Dismissed:

Our client was charged with a second lifetime OVI and a refusal. After working with our client, obtaining discovery and negotiating with the prosecutor, an agreement was reached to reduce the OVI to a traffic citation saving our client from high points, jail time, high fines and the impact of an OVI to his driving record and insurance.

  
Huron Municipal Court
November 24, 2020
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Unemployment Approved After Turning Down Fast-Food Restaurant Job Offer:

Our client worked as a substitute teacher until he was laid off. While collecting unemployment, he turned down a job offer at a fast-food restaurant. Unemployment denied him for turning down the offer, but we showed that he had good cause to turn it down and the Hearing Officer approved him for benefits.

  
Unemployment Appeal Won
November 19, 2020
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Unemployment Appeal Won - Severance Payment Applied to Only One Week:

Our client received a lump sum severance payment that ODJFS claimed was deductible income, disqualifying her from benefits, for several week. With our help, our client obtained a letter from her employer allocating the severance to the week in which it was paid. We persuaded the Hearing Officer that the severance should only applied to the week in which it was paid rather than several weeks, and as a result our client was approved for unemployment with a backpayment.

  
Unemployment Appeal Won
November 19, 2020
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Second OVI With Over-the-Limit Breath Test Reduced:

Our client was charged with a second OVI with a breath test that was nearly twice the legal limit. However, after successfully presenting both legal challenges and mitigating circumstances, and agreement was reached to reduce the OVI to a non-moving violation, saving our client from high points to his license, jail and a license suspension.

  
Parma Municipal Court
November 18, 2020
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Over-the-Limit OVI Reduced:

Our client was cited with an OVI, with an over-the-limit test, after a caller reported him and he was involved in a minor traffic accident. Through meeting with the prosecutor, obtaining and evaluating the police reports and video, we raised issues with regard to the field sobriety tests and breath test. As a result, our client accepted an offer to reduce the OVI to a traffic citation to avoid a year-long license suspension, high points and high fines.

  
Bellevue Municipal Court
November 16, 2020
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Unemployment Approved for Employee Who Resigned From Restaurant that Did Not Enforce Mask Wearing:

Our client was initially denied unemployment compensation after she resigned from her restaurant job. The employer did not enforce mask wearing despite her repeated requests and reminders for it to do so. This placed our client and her elderly mother with whom she lived at greater risk for COVID. We showed the Hearing Officer that our client had an legitimate safety concern, the employer was not following state mandates, and that our client notified the employer of the concerns and gave them an adequate opportunity to resolve them before resigning. As a result, the Hearing Officer ruled in our favor and approved unemployment compensation benefits.

  
Unemployment Appeal Won
November 13, 2020
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Unemployment Approved After Employee Terminated for Unsubstantiated Allegations:

The employer raised several allegations to support its decision to terminate our client who worked at a cellphone store. During the hearing we showed the Hearing Officer that the employer lacked evidence to substantiate its allegations. Rather, our client presented credible testimony denying the allegations and as a result the Hearing Officer concluded that the employer lacked just cause to terminate our client. He was approved for unemployment compensation with a back payment.

  
Unemployment Appeal Won
November 13, 2020
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OVI Dismissed:

Our client was cited with an OVI and for speeding after a traffic stop where the state trooper chose not to provide all of the available field sobriety tests, indicated reasons why the one test that was offered was unreliable, and then failed to offer a breath test or urine test. After pursuing a suppression motion laying out the legal deficiencies of the traffic stop and lack of evidence for the charges, an agreement was reached to dismiss both the speeding ticket and the OVI with our client pleading to a minor misdemeanor traffic citation with a minimal fine and no license suspension.

  
Erie County Municipal Court
November 9, 2020
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Labor Arbitration Won with Backpay:

We previously prevailed at a labor arbitration in which a union member was awarded their job back. When they returned, they were kept from working despite a contractual 40-hour guarantee because the employer said they could not work without their full uniform in training, despite the employer failing to provide the uniform and despite allowing other trainees work without full uniform. The arbitrator agreed that the employer's failure to meet the 40-hour guarantee was a breach of the CBA without sufficient justification. As a result, the employer was ordered to compensate the union member for their lost work hours.

  
Labor Arbitration Won
November 9, 2020
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Unemployment Won for Laid Off Worker:

Our client received a group text from his employer informing him that he was laid off. As a result, he applied for unemployment compensation only to find his employer challenging his claim by arguing that he resigned. Through a telephone hearing, we showed the Hearing Officer that our client was, in fact, entitled to benefits as a result of a layoff.

  
Unemployment Appeal Won
November 6, 2020
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Unemployment Approved for Individual Who Resigned for Medical Reasons:

When our client was hired at a lawn care business he explained that he had medical issues that required him to operate stand on mowers instead of push mowers. The employer, however, assigned him to work on push mowers. After trying and experiencing pain as a result, our client resigned. He was initially denied unemployment benefits; however, through a hearing we persuaded the Hearing Officer that he was eligible because his medical issues made the work not suitable for him.

  
Unemployment Appeal Won
November 3, 2020
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New Employment Removed Suspension of Unemployment Benefits:

Our client applied for benefits after losing a job and was denied. He then obtained new employment where he worked for more than six weeks until he was laid off due to COVID. He reapplied for benefits and was denied again due to the first job. We represented him through a telephone hearing and showed that his employment at the new job was for sufficient weeks and income to remove the suspension of benefits from the first job.

  
Unemployment Appeal Won
October 28, 2020
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Employee Had Just Cause to Resign When Employer Violated DOT Rules:

Our client worked as a delivery driver at an employer who repeatedly violated Department of Transportation rules. After our client raised these concerns and the employer refused to address them, he resigned. ODJFS initially denied unemployment benefits claiming our client lacked just cause to resign. During a hearing, we persuaded the Hearing Officer that these violations occurred, that they created a safety hazard, that our client raised his concerns and gave the employer an adequate opportunity to resolve them, and as a result he had just cause to resign. His benefits were approved with a back payment.

  
Unemployment Appeal Won
October 23, 2020
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Laid Off Employee During COVID Entitled to Unemployment:

Our client's employer sent a notice to its employees that said, any employee that has significant concerns or fear of continued employment shall be laid off and may apply for economic relief available through state or federal sources. The employer appealed, claiming our client was out of work due to health reasons. We prevailed, showing that our client was eligible because he was laid off pursuant to an employer layoff plan and that it was related to a lack of work.

  
Unemployment Appeal Won
October 14, 2020
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Unemployment Benefits Approved:

Our client sought a job while she was on unemployment, attended an orientation and then was told that she would need to restart the orientation because she was unable to attend the second day. Though the employer never called her back or returned her calls to reschedule the orientation, unemployment denied her claiming she turned down an offer of suitable work. We convinced unemployment that she did not turn down work but rather was not called back and, as a result, she was approved for unemployment benefits.

  
Unemployment Appeal Won
October 9, 2020
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Union Arbitration Won - Bus Driver Who Acted in Self-Defense Given His Job Back with Backpay:

A bus driver who was faced with an aggressive and threatening passenger took steps to protect himself, including holding the passenger's arms back, restraining her in a seat, and keeping her on the bus until the police arrived. The Employer terminated the bus driver claiming he contributed to the incident. We were able to persuade the arbitrator that the bus driver's actions were reasonable, measured and in self-defense under the circumstances and lack of training from the employer. As a result, he was awarded his job back with back-pay.

  
Labor Arbitration Won
September 26, 2020
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Unemployment Approved After Resignation Due to a Bait-and-Switch at Amazon:

Our client was making a career in the customer service field and even had a related college degree. She accepted a job at Amazon as a customer service representative, only to find that her actual job duties would include working with delivery drivers to troubleshoot the application they used, as well as geofencing and package locating. Because she was given a technical job rather than a customer service job, the Hearing Officer agreed that she had just cause to resign. As a result, she approved for unemployment compensation with a back-payment of benefits.

  
Unemployment Appeal Won
September 16, 2020
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Unemployment Benefits Paid:

Our client was denied unemployment as being monetarily ineligible. He filed an appeal, but after three months had not received an answer to his appeal. We stepped in, made contact with individuals and ODJFS, submitted payroll verification, and achieved a win for him and payment of the benefits he had been waiting for.

  
Unemployment Appeal Won
September 11, 2020
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Unemployment Overpayment Notice in Error:

Our client was issued a notice by unemployment that they were overpaid unemployment and owed back over $11,000.00. We appealed, showing that the decision was in error, and as a result the overpayment was withdrawn and our client did not have to pay back to unemployment.

  
Unemployment Appeal Won
September 11, 2020
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Unemployment Benefits Approved - Customer Complaint Insufficient to Show Just Cause for Termination:

Our client had an otherwise good work record when a customer emailed a complaint about his "attitude." The Employer, without following up with the customer about the details of the complaint, terminated our client. The Hearing Officer agreed that the employer failed to provide credible evidence that it had just cause to terminate our client. As a result, he was approved for unemployment.

  
Unemployment Appeal Won
September 11, 2020
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Terminations For Absences Due to a Bona Fide Medical Condition are Without Just Cause - Unemployment Approved:

Our client had several absences from work and was terminated. During a hearing, we showed that she had medical excuses for her absences. We argued and set forth caselaw that says that employees are not at fault for absences due to bona fide medical conditions. Even if the employer can terminate the employee, they are still entitled to unemployment. The Hearing Officer agreed and approved our client for benefits.

  
Unemployment Appeal Won
September 10, 2020
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OVI Charges Dismissed:

OVI charges dismissed against our client, saving them from a license suspension, points to their license and high fines.

  
Put-in-Bay Mayor's Court
September 8, 2020
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Employee Approved for Unemployment With Backpay:

Our client quit a job to work a new job, then worked the new job for more than six weeks before being laid off due to COVID. She was denied unemployment because ODJFS determined she lacked just cause to quit the old job. However, the rule is that such a suspension of benefits is removed if the employee earns sufficient income and either (a) starts the new job within 7 days of the old job and works for at least 3 weeks, or (b) starts the new job more then 7 days after the old job and works the new job for at least 6 weeks. Since our client met this requirements, the Hearing Officer agreed to approve her for unemployment with backpayments.

  
Unemployment Appeal Won
September 8, 2020
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Claimant Approved After Resigning Due to Medical Reasons:

Our client had been on FMLA and when that time ran out her employment ended. However, because she had a bona fide medical reason for being absent, the separation was a qualifying one. To be eligible for unemployment, she also had to show that she was able to work, even if she had some restrictions. We were able to show both that the separation did not disqualify her and that she was able to work, and as a result she was approved for unemployment with a backpayment.

  
Unemployment Appeal Won
September 4, 2020
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Resisting Arrest, Drug Paraphernalia and Littering Charges Dismissed:

Our client received a string of charges, including a first-degree misdemeanor resisting arrest charge, after a visit to the islands. We achieved an agreement for our client to plead to a minor misdemeanor charge with a fine of $150.00 in exchange for a dismissal of all other charges.

  
Put-in-Bay Mayor's Court
September 4, 2020
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OVI, Hit-and-Skip, Seat-belt, Resisting Arrest

Our client received several first-degree misdemeanor charges (OVI, Hit-and-Skip, Resisting Arrest). However, as we argued her case we also argued that the state failed to provide body cam footage that it had available. As a result, all of the charges were dismissed in exchange for a plea to a non-moving traffic citation.

  
Put-in-Bay Mayor's Court
September 4, 2020
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OVI Dismissed - No License Suspension:

Our client was charged with an OVI due to a suspicion of driving while under the influence of narcotics. We showed the prosecutor and judge that this was only a suspicion, lacking of sufficient evidence to prove our client was impaired. An agreement was reached to dismiss the OVI, with our client pleading to just a traffic citation. This saved our client from high points to his license, a license suspension and high fines.

  
Norwalk Municipal Court
September 2, 2020
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Employee Fired While Off Work Due to Medical Reasons Approved for Unemployment:

Our client was off of work due to medical issues. When his short term disability came to and end, the employer terminated him. The Hearing Officer agreed that a termination due to a medical issue is beyond a claimant's control and therefore without just cause. The Hearing Officer also agreed that, upon our client's release to work with some restrictions, he became eligible or benefits.

  
Unemployment Appeal Won
September 1, 2020
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Employer Lacked Just Cause to Terminate Supervisor for Workers' Errors:

Our client worked as a supervisor at a factory where he supervised production employees and quality assurance employees. He was not permitted to discipline those employees, however. After certain defects were found on some parts that were produced, the employer terminated our client. We were able to show the Hearing Officer that our client could not be expected to actively supervise every employee when he was often filling in on the line for an employee that had called off. In fact, the employer could not point to what role our client had in the errors at all. As a result, he was approved for unemployment compensation.

  
Unemployment Appeal Won
August 31, 2020
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Just Cause to Quit Wal-Mart Associates for Medical Reasons:

While receiving unemployment, our client looked for another job and accepted one at Wal-Mart. However, she soon found that the physical demands off the job were too much due to a medical issue. As a result, she resigned and was denied unemployment due to the resignation. During the telephone hearing we showed that she had a medical reason to resign, attempted to resolve the issue with the employer before resigning, and as a result had just cause. The Hearing Officer agreed and approved her for unemployment with back pay for the weeks she did not receive benefits.

  
Unemployment Appeal Won
August 27, 2020
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Quarantined Client Approved for Unemployment:

Our client's doctor provided medical documentation on more than one occasion that they recommended our client quarantine. During this time the employer terminated our client, stating they believed he did not want his job. The Hearing Officer ruled that our client was not approved for benefits through the regular unemployment system during the time of his quarantine because he was not able to work, though he could apply through the PUA system for those weeks. More importantly, the Hearing Officer ruled that the employer did not have just cause to terminate our client, so once his quarantine ended he did become eligible for benefits, was not overpaid benefits for those weeks, and was approved for benefits going forward.

  
Unemployment Appeal Won
August 27, 2020
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Award of Unemployment Back-Payment After Hearing Officer Concludes Our Client Was an Employee and Terminated Without Just Cause:

The Employer claimed that our client was an independent contractor. We showed the Hearing Officer that the Employer's level of control over our client's duties caused him to be an employee, and thus eligible for unemployment. The Employer also argued that it had just cause to terminate our client, but we provided evidence that termination was too extreme and the Hearing Officer agreed. As a result, our client was approved for unemployment compensation.

  
Unemployment Appeal Won
August 4, 2020
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Unemployment Claimant's Benefits Not Stopped for Severance Payment:

Our client received a lump sum severance payment that Unemployment used to disqualify him for several weeks. At our direction, our client obtained a letter from the Employer indicating that the lump sum severance should be allocated all to the week in which it was paid for the purposes of unemployment. During a hearing, we reviewed the law with the Hearing Officer and she agreed that the lump sum severance should only be counted as deductible income for the week in which it was paid rather than allocated over months. As a result, he received a back-payment for benefits owed.

  
Unemployment Appeal Won
July 24, 2020
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Employer Lacked Just Cause to Terminate Supervisor for Subordinates' Failures:

The Employer terminated our client who managed a fast food restaurant. It claimed it had just cause to do so when her subordinates failed to open the restaurant as instructed while she was off ill. The Hearing Officer disagreed and approved her for unemployment including a back-payment for the weeks she filed but was not paid.

  
Unemployment Appeal Won
July 23, 2020
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Employee Approved for Benefits When Terminated for Being Ill:

Our client was terminated when she was unable to provide her employer with a return to work date from her doctor. However, at the time she was terminated she did not have a return to work date. Her doctor did not know when she could return. Therefore, the employer lacked just cause to terminate her or being absent due to a bona fide medical reason and the Hearing Officer approved her benefits.

  
Unemployment Appeal Won
July 16, 2020
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Unemployment Case Expedited:

Our client was denied unemployment benefits as being monetarily ineligible. He appealed the decision on his own on April 20, 2020, but as of July 8 he had not yet received a decision on his appeal. We stepped in and escalated his case on July 9. By July 14, he received Determinations approving his benefits as well as a backpayment for the weeks he filed but had not yet been paid.

  
Unemployment Appeal Won
July 14, 2020
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OVI Dismissed and CDL Saved:

Our client was a CDL driver, who had only 90 days to resolve a license suspension imposed as a result of an OVI, else he would lose his union job. We were able to reach an agreement to have our ALS appeal granted - thereby saving his CDL and job. We also had the OVI reduced in exchange or a citation for a non-moving violation.

  
Brooklyn Mayor's Court
July 14, 2020
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Unemployment Back Payments Won:

Our client was terminated after the employer alleged that the employees she supervised complained. We put forth evidence that showed the employees were merely upset for being instructed to do their work and, if the employer disliked our client's management style it should have provided a warning or training before terminating her. As a result, she won her hearing and as approved for unemployment benefits.

  
Unemployment Appeal Won
July 6, 2020
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OVI with Over-the-Limit Test Dismissed:

The police charged our client due to a suspicion of impaired driving and as a result a breath test was conducted that resulted in an over-the-limit test. We filed a suppression motion to keep out the breath test, raising arguments about the stop, field sobriety tests and breath test. As a result of raising those arguments and through negotiations, an agreement was reached to dismiss the OVI charges, with our client pleading to a non-moving citation and simple traffic ticket instead.

  
Rocky River Municipal Court
July 2, 2020
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OVI Charges Dismissed:

Although our client was charged with an OVI, we successfully raised issues regarding whether the State could prove that he was actually operating a motor vehicle. After extensive negotiations with the prosecutor and discussions with the judge, and agree was reached for the State to dismiss the OVI charges in exchange for a plea to a non-moving violation.

  
Euclid Municipal Court
July 1, 2020
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Just Cause to Resign From Employer Who Refused to Provide COVID-19 Protective Equipment:

Our client found her employer refused to provide protective equipment for COVID-19 and refused to follow safety precautions, even after she asked them to follow proper protocols. As a result, she resigned. After initially being denied unemployment compensation, we persuaded a hearing officer that this satisfied just cause to resign. Our client was approved for her unemployment and provided backpayments.

  
Unemployment Appeal Won
June 30, 2020
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OVI Charges Dismissed:

Our client was charged with an OVI after a third party made a report of drunk driving. During negotiations with the prosecutor, we argued that the State's evidence was almost entirely dependent upon the unreliable testimony of a lay witness. The prosecutor and judge ultimately agreed, result in an offer and acceptance of a complete dismissal of the OVI charges.

  
Rocky River Municipal Court
June 23, 2020
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Employee Terminated Without Just Cause - Benefits Paid:

Our client was terminated after an accusation of harassing a co-worker; however, we showed the Hearing Officer that the employer lacked any proof of wrongdoing or prior discipline. Therefore, the Hearing Officer agreed that the termination was without just cause and our client was approved for unemployment with back-pay.

  
Unemployment Appeal Won
June 17, 2020
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OVI Charges Brought After an Accident Dismissed:

Our client was accused of being involved in a single car accident. The police arrived at our client's home after the accident and charged her with an OVI because they believed she had drinks. We argued that the police had no evidence to show that she did not have a drink AFTER the accident when she got home. Consequently, the OVI charges were reduced to a non-moving violation, saving our client from points to her license, jail, high fines, points to her license and an OVI on her record.

  
North Ridgeville Mayor's Court
June 17, 2020
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No Just Cause to Terminate For Leaving the State During COVID-19:

Our client went to New York for a personal matter; however, while he was gone his employer implemented a policy prohibiting leaving the state during COVID-19. In turn, it terminated our client when he returned to work. The Hearing Officer agreed that there was no just cause to terminate him because (a) the policy was issued while he was already out of the state; and (b) the employer was aware that he had left the state. His unemployment was approved.

  
Unemployment Appeal Won
June 12, 2020
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Over-the-Limit OVI Dismissed:

Our client was pulled over due to an alleged marked lanes violation and ultimately cited with and OVI as well. After extensive negotiations and a suppression motion raising issues regarding the reason for the traffic stop, cause for expanding the stop, probable cause for arrest, and issues with the field sobriety tests, we were able to obtain a dismissal of the OVI. Instead there was a plea to a non-moving violation. This saved our client from an OVI on her record, a year-long license suspension, a mandatory drivers intervention program, jail time, points to her license and a high fine.

  
Rocky River Municipal Court
June 2, 2020
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Employer Lacked Just Cause To Terminate for Facebook Post:

After an employer informed our client of a demotion, she put a post on Facebook that hard work and loyalty meant nothing, but she did not mention her employer or indicate that she was talking about work. The employer jumped to its own conclusions about the post and terminated her. The Hearing Officer agreed with us, that the post did not violated the employer's social networking policy and did not constitute misconduct. As a result, our client was approved for unemployment, including back-pay for the weeks it had initially been denied.

  
Unemployment Appeal Won
May 29, 2020
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OVI Dismissed:

After our client was charged with a traffic citation and an OVI, we aggressively argued her case with the State and were able to obtain a dismissal of the OVI charge, saving our client from high points, jail time, having to attend a drivers intervention program and from any license suspension.

  
Portage County Municipal Court - Kent
May 27, 2020
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OVI With Head-on Collision Reduced:

Our client was involved in a head-on collision, after which she was charged with an OVI and tested over-the-limit. Although many factors weighed against her, we fought for her and obtained a reduction to a reckless op charge. This lead to an immediate return of her license, vacating the $475 reinstatement fee, avoiding high points to her license, and without any requirement for her to attend jail or a drivers intervention program.

  
Sandusky Municipal Court
May 22, 2020
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Accident OVI Dismissed:

Our client was charged with an OVI after a car accident. After extensive negotiations at the Mayor's court and then the Municipal Court, an agreement was reached to dismiss the OVI with a plea to a non-moving violation instead. This saved our client from jail, points to her license, a lengthy license suspension, and the impact to her job.

  
Parma Municipal Court
May 18, 2020
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OVI, Possession and Paraphernalia Charges Dismissed:

Our client was charged with an OVI, drug possession and drug paraphernalia charges after an accident. Negotiations with the prosecutor and discussions with the judge resulted in a dismissal of the drug possession and paraphernalia charges and an agreement to reduce the OVI to a simple motor vehicle equipment violation, saving our client from high fines, high points to his license, disqualification from student aid, a license suspension and other implications.

  
Sandusky Municipal Court
May 6, 2020
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Unemployment Benefits Won:

Our client was a supervisor. One of the people he supervised became upset with him due to a disciplinary warning and to retaliate, she claimed he had threatened her. It was confirmed that this was not true and our client told the other employee that he did not appreciate her telling a lie about him. The employer terminated our client. During a hearing, we showed unemployment that the accusation did not support just cause for termination and the Hearing Officer ruled in our favor.

  
Unemployment Appeal Won
April 22, 2020
.

Second OVI in Ten and Refusal Dismissed:

After our client was charged with a second OVI in ten years, with enhanced penalties due to a refusal to submit to a breath test, we provided an aggressive defense by demanding all reports, videos and documentation and used that evidence to craft a suppression motion detailing significant issues with the State's case. We arrived at the court the day of the suppression hearing ready to pull apart the State's case, though further negotiations resulted in an offer for a plea to a reduced traffic charge saving our client from all mandatory jail time, another OVI on his record, high fines, high points to his driving record, and potential loss of his job.

  
Ottawa County Municipal Court
April 17, 2020
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Wrong Way Driver OVI Dismissed:

Our client entered the wrong road to a state park and was ultimately charged with an over-the-limit OVI after urine test results were returned. After filing a suppression motion raising issues regarding whether the one-way road was properly marked and whether the police had sufficient suspicion of impairment to justify expanding and prolonging the traffic stop, the State agreed to dismiss the OVI charges with our client pleading to a traffic offense. This saved our client from high fines, from a one-year license suspension, six-points to his license, and due to our client's need for security clearances it saved him his job.

  
Ottawa County Municipal Court
April 16, 2020
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Unemployment Appeal Won With Backpay:

After our client was terminated for moving seats during a meeting because a co-worker's perfume was aggravating her respiratory condition, ODJFS denied her unemployment benefits repeatedly. We appealed, showed the Hearing Officer how ridiculous the termination was, and obtained a decision awarding our client eligibility and a back-payment for the weeks ODJFS should have been providing benefits.

  
Unemployment Appeal Won
April 10, 2020
.

Employee Terminated Without Just Cause:

Our client was terminated after an allegation that he falsified time sheets. However, we presented a case to the Hearing Officer that showed the employer's records were unreliable and could not support a termination with just cause. The Hearing Officer agreed, approving our client for unemployment compensation with back-payments.

  
Unemployment Appeal Won
March 18, 2020
.

Over-the-Limit OVI Dismissed:

Our client was charge with a regular OVI and an over-the-limit OVI after she was pulled over for a headlight issue and given a breath test. After attending a pre-trial, filing a suppression motion, and attending a hearing; the prosecutor and judge agreed to an offer to dismiss the OVI charges in exchange to a plea to a traffic charge. Important in this case was an argument about the State Trooper prolonging the detention to investigate an OVI with little evidence of an OVI, and the Trooper's claim that our client's speech was slow and slurred despite the video showing clear, articulate and responsive speech.

  
Ottawa County Municipal Court
March 16, 2020
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Over-the-Limit OVI Dismissed:

Our client was charged with an over-the-limit OVI and traffic citations. After reviewing several issues with the prosecutor, an agreement was reached to dismiss the OVI charges, with our client pleading instead to two traffic citations.

  
Huron Municipal Court
March 13, 2020
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Third Lifetime OVI Charges Dismissed:

Our client was charged with a third-lifetime OVI charge with the police officer claiming he failed all field sobriety tests. By raising legal arguments with respect to each of the tests and probable cause to arrest, an agreement was reached at a suppression hearing to dismiss the OVI charges with our client pleading to a reckless op. charge instead. By doing so, we were able to help our client keep his job.

  
Ottawa County Municipal Court
March 9, 2020
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Amalgamated Transit Union Labor Arbitration Won:

At the Cleveland RTA, some rail operators perform work in the rail yard. These employees must meet certain qualifications to do this yard work. The RTA started to remove employees from yard work due to subsequent disciplinary allegations. The Union grieved the change in practice, which ultimately led to a labor arbitration. We persuaded that arbitrator that the RTA's unilateral decision to force operators to re-qualify for the yard work each pick violated an agreed upon past practice. The RTA could not change that practice without first negotiating with the union.

  
Labor Arbitration Won
February 20, 2020
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Second OVI Within 10 Years Dismissed:

Through extensive discussions with the prosecutor, an agreement was reached to dismiss OVI charges for a second-in-ten with an over the limit chemical test, agreeing to a non-moving violation with no points and no jail time instead.

  
Cleveland Municipal Court
February 18, 2020
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OVI Charges Dismissed:

Our client was charged with an OVI after allegedly failing two of three field sobriety tests and providing a breath test that was over the limit. After reviewing the police reports and video, we were able to argue that the State had issues with its case. As a result, an agreement was reached to dismiss the OVI charge, with our client pleading to a non-moving traffic citation instead.

  
Cleveland Municipal Court.
February 18, 2020
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Drug OVI Charges Dismissed:

Our client was subjected to a urine test for suspicion of drugs and charged with an OVI. After conducting a thorough investigation into the case, we raised evidence that our client was not, in fact, impaired. The prosecutor ultimately agreed to dismiss the OVI charges, accepting a plea to a minor misdemeanor instead with only a small fine.

  
Western Ashtabula County Court
February 18, 2020
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OVI Charges Dismissed:

After reviewing discovery responses including police reports and video, we met with the prosecutor and persuaded him to dismiss OVI charges against our client, resulting in an immediate return of her drivers license.

  
Norwalk Municipal Court
February 11, 2020
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OVI Charges Dismissed While License and Job Saved:

Our client was a CDL holder and charged with an OVI. We initially persuaded the the court to stay the administrative license suspension so our client could get back to work. When then persuaded the court to dismiss the OVI and vacate the administrative license suspension to save our clients CDL and job.

  
Bedford Municipal Court
January 28, 2020
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Employer Lacks Just Cause to Terminate Employee For Walking Away From Manager's Threatening Behavior:

Our client was questioned by her employer about an accusation, during which a manager raised his voice. Our client started to leave the manager's office when she was told they would consider her to have resigned if she left. She returned to the office, only to have the manager increase his attack, yelling and pounding his fist on his desk. Our client left the office again and returned to her work duties when the employer told her to leave. Despite the employer claiming our client resigned, we showed the hearing officer that she was terminated without just cause and her benefits were approved.

  
Unemployment Appeal Won
January 24, 2020
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Smith's Ohio Legal Blog

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.
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