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 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 We appealed, showing that the decision was in error, and as a result the overpayment was withdrawn and our client did not have to pay back to unemployment.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:

Our client was charged with an OVI and Reckless Op after being pulled over. Through negotiations, an agreement was reached to have the OVI charges dismissed with our client pleading to a minor misdemeanor traffic offense instead.

  
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
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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
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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
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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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Employer Lacked Just Cause to Terminate Probationary Employee:

Our client was terminated for an allegation that he failed to report an auto accident. We showed that he was not at fault for the accident, did not initially observe any damage, and that he called the accident in within minutes. Even though our client was a probationary employee, the Hearing Officer agreed that the employer lacked just cause to terminate in these circumstances. Our client was approved for unemployment and issued a backpayment.

  
Unemployment Appeal Won
December 18, 2019
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Employee Unjustly Terminated:

Our client was one of several staff that went with students to a field trip. One of the students walked away from the group and the employer terminated our client as a result. We showed that our client was not assigned to supervise this student. The employer's reliance on self-serving written statements of other staff on the trip was found to be in error as the statements were not credible when countered by our client's credible testimony given under oath. As a result, our client was approved for benefits and received a backpayment.

  
Unemployment Appeal Won
December 17, 2019
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OVI Completely Dismissed:

Our client was pulled over for speeding and not wearing a seatbelt. He was ultimately arrested and charged with an OVI as well. We challenged the state's failure to preserve video from back-up state troopers who arrived, achieving a ruling that the four back-up officers could not testify as a result. The State threatened additional felony charges from an allegation that our client got a replacement driver’s license while his was suspended. We responded that this was coercion, designed to pressure our client into a plea. While awaiting the jurors to be called in for trial, we achieved a complete dismissal of the OVI, promise not to bring other charges, and a waiver of costs for calling in a jury.

  
Cleveland Municipal Court
December 16, 2019
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Improperly Classified as an Independent Contractor:

Our client accepted a job offer only to find out that the employer planned to classify him as an Independent Contractor. Independent contractors are generally paid with an 1099 without taxes being withheld and they are not eligible for unemployment compensation. However, there are rules and tests to determine whether a person should be classified as an employee or independent contractor. In this case, we showed that the employer improperly classified our client and, as a result, he was eligible for unemployment compensation.

  
Unemployment Appeal Won
December 12, 2019
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Unemployment Benefits Approved - Employer Lacked Just Cause for Termination:

Our client was a manager who was terminated because she was accused of giving discipline to a staff member in front of other employees and because the employer believed she had not met her goals under a performance plan. The employer failed to present any witness regarding the discipline given to the other employee and our client credibly testified that she gave the discipline in an office with the door closed. With regard to the performance plan, the Employer agreed that our client's goals and expectations had been changed and she still had another month left to meet the revised goals. As a result, the Hearing Officer agreed that the employer lacked just cause to terminate.

  
Unemployment Appeal Won
December 11, 2019
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OVI Charges Dismissed:

Our client was charged with an OVI; however, after extensive negotiations the OVI charges were dismissed.

  
Huron Municipal Court
December 10, 2019
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Credible Testimony Leads to Approved Unemployment:

Our client was terminated, despite having no prior discipline, after an allegation that she failed to pass a test at work. Through preparation and presentation of her case, we presented credible evidence that she did pass the test. The Hearing Officer agreed and approved her unemployment compensation.

  
Unemployment Appeal Won
November 27, 2019
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Progressive Discipline Matters:

An employer terminated our client for making an error on her time sheet even though she had no prior discipline. The Hearing Officer agreed that the error was not intentional and the employer lacked just cause to terminate an employee for a single incident with no prior discipline.

  
Unemployment Appeal Won
November 27, 2019
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Greater Cleveland Regional Transit Authority Violated Collective Bargaining Agreement:

The RTA reclassified and reduced the pay a union employee as a non-union employee while they participated in training during a transfer between union positions. After a labor arbitration hearing, the arbitrator agreed with Amalgamated Transit Union Local 268 that the RTA breached the collective bargaining agreement. The arbitrator also ordered the RTA to give the grievant back-pay for the pay she lost.

  
Labor Arbitration Won With Backpay
November 26, 2019
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Employer's Faulty Investigation Leads to Approved Benefits:

Our client was terminated for an allegation of falsifying her time card, but when she was terminated the employer failed to allow her to fully respond or to get her phone that she asserted had proof that the allegation was untrue. The employer then proceeded with the hearing offering conclusory assertions without any evidence to support its claim. As a result, the Hearing Officer agreed that the employer lacked sufficient just cause at the time of the termination, and the benefits were approved.

  
Unemployment Appeal Won
November 21, 2019
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No Just Cause to Terminate for Sales Goals:

Our client was terminated for failing to meet sales goals after being placed on a performance improvement plan. We were able to show the hearing officer that the goals were aspirational and not requirements of the job, that the goals and the job had changed, that our client had received a positive performance review, and that another sales person who did not meet their "goals" was not disciplined. The Hearing Officer agreed that the termination was without just cause and that our client was eligible for unemployment compensation.

  
Unemployment Appeal Won
November 13, 2019
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Over-the-Limit OVI Dismissed:

Although the State had a BAC test to use in their case, we reached a resolution resulting a dismissal of OVI charges, saving our client from a mandatory one-year license suspension, high fines and jail.

  
Elyria Municipal Court
October 24, 2019
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Another OVI Dismissed:

Our client was charged with an OVI even though his breath test was slightly under the legal limit. The police can do this if they believe they have sufficient evidence of impairment regardless of the breath test results. We were able to argue that the other evidence in this case was weak, and as a result an agreement was reached to dismiss the OVI, thus saving our client from any license suspension and from high fines and high points to his license.

  
Vermilion Municipal Court
October 22, 2019
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High Tier OVI Dismissed:

Our client was charged with a high tier OVI after she blow over 0.17 during a traffic stop; however, we reached an agreement for her to have the OVI dismissed, leaving only a non-moving citation. As a result, she was saved from points to her license, the impact to her auto insurance and mandatory jail time.

  
Sheffield Village Mayor's Court
October 17, 2019
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No Just Cause to Terminate Employee Without Prior Discipline:

The employer terminated our client even though she had not received any prior discipline or notice that her job was in jeopardy. The Hearing Officer agreed with us that the employer had not shown that our client purposely broke any rules or policies, that she was insubordinate in any way, or that she was subject to discharge for any reason. As a result, our appeal was granted and our client was approved for benefits.

  
Unemployment Appeal Won
October 16, 2019
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Second OVI in 10 Dismissed:

Our client was charged with a refusal second OVI in ten years, which would have carried with it a mandatory twenty days in jail. We pushed forward with evidence that she was not actually the operator of the motor vehicle and reached an agreement for her to have the OVI dismissed, receiving only a non-moving citation instead.

  
Sandusky Municipal Court
October 11, 2019
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Employer Lacked Just Cause When Spouse Called Off for Husband:

Our client's wife notified the employer that her husband would not be able to work due to a medical reasons. The employer responded by terminating our client claiming he no-call/no-showed. The Hearing Officer agreed that the absence was beyond our client's control and the employer received adequate notice due to the circumstances. Our client's unemployment compensation claim was approved and he was granted back-pay.

  
Unemployment Appeal Won
October 10, 2019
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OVI Dismissed:

Our client was charged with an OVI after allegedly rolling through a stop sign and marked lanes violations. We obtained an agreement for her to have the OVI dismissed with just a traffic citation instead. She was happy to have been saved from a non-expungable OVI on her record, high points to her license, and other implications of an OVI.

  
Ottawa County Municipal Court
October 7, 2019
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OVI With Pedestrian Accident Dismissed:

Our client was charged with an OVI after a pedestrian accident that resulted in no injuries, even though our client took a breath test that showed he was under the limit for alcohol. The State then claimed that he was impaired due to prescription medications. After raising arguments through pre-trials and motions regarding the State's need to show a nexus between the prescriptions and any impairment, we were able to get the OVI dismissed and the license suspension terminated.

  
Akron Municipal Court
October 7, 2019
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Discharge for Bona Fide Medical Reason is Without Just Cause:

Our client had several absences from work, exceeding the employer's attendance policy. However, the absences were due to a bona fide medication reasons. The Hearing Officer agreed that an employer lacks just cause to terminate for absences due to bona fide medical reasons, and as a result our client was approved for unemployment and granted back-payments.

  
Unemployment Appeal Won
October 4, 2019
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Over-The-Limit OVI Dismissed:

Our client was charged with an over-the-limit OVI as well as other traffic citations. After raising evidentiary issues through a suppression motion and negotiating with the prosecutor, and agreement was reached to dismiss the OVI and traffic citations in exchange for a plea to a non-moving violation. Our client was protected from an OVI on his record, increased auto-insurance rates and other implications of an OVI.

  
Fremont Municipal Court
October 1, 2019
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Amalgamated Transit Union Local 268's Grievant Awarded Back-Pay After RTA Refuses to Promote Him:

In this case, the grievant applied for and passed testing for a promotion, but the RTA refused to promote him even though it had an open position. In fact, it later promoted someone else to the position. The arbitrator agreed that the RTA violated the collective bargaining agreement, ordered the RTA to place the grievant in the next available position, and to give him back-pay that he lost from not being promoted until he receives his promotion.

  
Labor Arbitration Won
September 23, 2019
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No Just Cause to Terminate For Absences Related to Medical Issues:

The employer terminated our client for violating their attendance policy; however, the Hearing Officer agreed that terminations are without just cause when the absences are due to a bona fide medical issue. As a result, we won the unemployment hearing.

  
Unemployment Appeal Won
September 19, 2019
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Unemployment Appeal Won:

The employer discovered two incidents of paperwork being altered or incorrect and it terminated our client as a result. We showed the hearing officer that our client had not engaged in the alleged misconduct and as a result her unemployment benefits were approved.

  
Unemployment Appeal Won
September 10, 2019
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Amalgamated Transit Union Local 268's Grievant Returned to Work with Back-Pay:

In this case, a union member with a good work record was terminated by the RTA for using a GPS device to find her way to passengers pick-up and drop-off locations. The RTA claimed this violated its cellphone policy, even though the GPS device was not a cellphone. The arbitrator agreed that the termination was excessive and returned the grievant to work with back-pay

  
Labor Arbitration Won
August 29, 2019
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Second in 20 Refusal OVI Reduced

After much discussion and negotiation, as well as a suppression motion, we are able to reach an agreement to reduce a second in twenty OVI, with an alleged refusal, to a reckless op. charge. We were additionally able to vacate the administrative license suspension saving our client from the reinstatement fee.

  
Norwalk Municipal Court
August 28, 2019
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OVI, Marked Lanes and Speeding Charges Reduced to Non-Moving Violation:

After extensive negotiations and taking steps to mitigate the charges, a resolution was reached where charges of an OVI, marked lanes and speeding were reduced to a non-moving violation, saving our client from jail, points to their driving record, a reinstatement fee to the BMV, and a one-year license suspension.

  
Sheffield Village Mayor's Court
August 23, 2019
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Hit & Skip Charges Dismissed:

Our client was alleged to have violated the law by hitting a fence post and leaving the scene. After arguing that the correct statute provides twenty-four hours to report an accident involving property other than another motor vehicle and demonstrating that our client's driving record was otherwise clean, an agreement was reached to dismiss the hit and skip charges entirely.

  
Middleburg Heights Mayor's Court
August 21, 2019
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Unemployment Approved For Employee Who Employer Erroneously Classified as an Independent Contractor:

The employer failed with pay unemployment taxes for our client by claiming they were an independent contractor. We showed during the hearing that there was not a contract for a certain piece of work at a fixed price, the claimant did not have the right to employ assistants, there was no obligation to supply necessary tools or supplies, claimant did not have the right to control the progress of the work, she was required to work set hours, she was paid on a regular weekly basis, and she was not reimbursed for expenses. As a result, the Hearing Officer agreed that our client was actually an employee and she had just cause to resign when the employer cut her pay in half.

  
Unemployment Appeal Won
August 15, 2019
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Cut in Hours Justified Resignation:

The Hearing Officer agreed with us that our client had just cause to resign from his position when it was shown that he was hired for a full-time position but only allowed to work two days per week. Back payments to our client were approved.

  
Unemployment Appeal Won
August 15, 2019
.

Unemployment Approved When Employee Resigns Because Employer Fails to Pay Rate Agreed to in Interview:

During our client's interview, they were told that they would earn $12.00 an hour and work full-time; however, when they arrived for the orientation they were told that they would receive less than $9.00 an hour and work part-time. They found themselves denied unemployment when they resigned, but the Hearing Officer agreed with us that there was just cause to resign and their benefits were approved with a back-payment.

  
Unemployment Appeal Won
July 22, 2019
.

OVI Dismissed

Our client was charged with a second lifetime OVI among other citations. After negotiations with the prosecutor and a motion for discovery sanctions, the court agreed to dismiss the OVI charge resulting in a plea to a non-moving violation with no jail, no drivers intervention program and no points to his drivers license.

  
Norwalk Municipal Court
July 19, 2019
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OVI and Possession Charges Dismissed

After extensive negotiations with the prosecutor, it was agreed to dismiss OVI, possession and paraphernalia charges in exchange for a plea to a non-moving violation, saving our client from high fines, points to his license and jail time.

  
Shaker Heights Municipal Court
July 1, 2019
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OVI Charges Entirely Dismissed:

Our client was observed in a parked vehicle and cited with an OVI because the police officer believed sitting in a running vehicle was operating for the purposes of an OVI. After demonstrating that "operating" requires actual movement of the vehicle, and therefore being parked in a vehicle is not an OVI, all charges were dismissed entirely.

  
Norwalk Municipal Court
June 20, 2019
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OVI Dismissed - No License Suspension:

Discussions with the prosecutor resulted in a dismissal of the OVI, saving our client from a license suspension, points to his license, high fines and jail time.

  
Rocky River Municipal Court
May 28, 2019
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Unemployment Benefits Approved:

The employee was terminated for allegedly falsifying call records; however, the hearing officer agreed that the employer's choice to skip all of its progressive discipline steps violated just cause and therefore unemployment benefits were approved.

  
Unemployment Appeal Won
May 28, 2019
.

Second Lifetime OVI Dismissed:

Our client was stopped for allegedly failing to use a turn signal on a small residential street. The traffic stop escalated, ultimately resulting in his second lifetime OVI charge. After raising issues with respect to the stop through a suppression motion, an agreement was reached to dismiss the OVI with our client agreeing to a reckless op. charge instead, saving him from jail time, a long license suspension, six points to his driving record and a non-expungeable second OVI conviction.

  
Painesville Municipal Court
May 7, 2019
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No Just Cause to Terminate Employee Who Wanted Shift Change:

After our client asked to switch a a different shift, the employer determined there were no openings on other shifts and terminated our client. While the employer maintained that our client quit, the hearing officer agreed that this was a termination and the employer lacked just cause. We were able to obtain a decision approving our client's unemployment claim with back-payments.

  
Unemployment Appeal Won
April 12, 2019
.

OVI, Drug Paraphernalia and Traffic Charges Dismissed:

Our client was stopped by the police for failing to display a license plate, even though she had appropriately and legally displayed her temporary tags in her rear window. She was ultimately charged with a drug OVI, drug paraphernalia and failing to display her license plate. After negotiations with the prosecutor and discussions with the judge, an agreement was reached to dismiss the OVI, drug and license plate charges in exchange for a plea to a traffic citation - protecting our client from any license suspension, high fines and jail.

  
Erie County Municipal Court
April 10, 2019
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No Just Cause to Terminate for Insubordination:

The employer called a meeting with our client, started to argue with him, and then terminated him without giving a reason. The employer then claimed it had several reasons to terminate including insubordination during the final meeting. We showed, however, that the employer lacked evidence to support any of its allegations. Further, an employer should be limited to the reason it gave at the time of the termination and, in this case, the employer did not provide any reason. Therefore, it lacked just cause to terminate.

  
Unemployment Appeal Won
April 9, 2019
.

Our Client Was Attacked After an OSU Football Game Wager, Terminated and Denied Unemployment - Until We Won His Hearing For Him:

Our client and co-worker placed a wager on an OSU football game and when our client asked the co-worker to pay what was still due from the wager, the co-worker rushed him and put him in a headlock until other employees removed him. The Hearing Officer agreed that the employer lacked just cause to terminate our client who was the victim in the altercation.

  
Unemployment Appeal Won
April 8, 2019
.

Postal Service Employee Approved:

Our client accepted a temporary position from the U.S. Postal Service through the holidays. After the temporary position came to an end, he reapplied for unemployment but was denied. After a hearing, we obtained a decision approving his unemployment claim and back-pay.

  
Unemployment Appeal Won
April 4, 2019
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Aggravated Menacing, Domestic Violence and TPO Violation Charges Dismissed:

While appearing for a trial, we made clear that for the second time the prosecution was unable to proceed with their case. As a result, the State dismissed all charges against our client.

  
Rocky River Municipal Court
April 2, 2019
.

Termination During Performance Improvement Plan is Without Just Cause:

While the employer argued that it had just cause to terminate our client during a Performance Improvement Plan, we showed that the employer had not given our employee till the end of the PIP to meet his goals and nothing else occurred during the PIP that justified termination.

  
Unemployment Appeal Won
April 2, 2019
.

Student Approved for Unemployment:

Although our client was initially denied unemployment because ODJFS claimed she was ineligible due to (a) a disqualifying separation and (b) because she was going to school, we prevailed at her hearing. The Hearing Officer agreed that (a) the employer lacked just cause to terminate her and (b) the schooling did not disqualify her because she was attending school before she was terminated.

  
Unemployment Appeal Won
March 27, 2019
.

Drug Charges Dismissed:

Our client was charged received two drug charges and an underage possession of alcohol charge. We negotiated a dismissal of all drug charges and a diversion program for the remaining misdemeanor charge. Once our client completes the diversion program, the misdemeanor charge will also be dismissed and sealed protecting , his clean criminal record while avoiding jail and high fines.

  
Rocky River Municipal Court
March 12, 2019
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Second OVI and Administrative License Suspension Dismissed:

At a suppression hearing, it was agreed that the State could not make its case that the police had a lawful reason to initiate a traffic stop for an alleged marked lanes violation. As a result, the OVI charges and all traffic charges were dismissed and the Administrative License Suspension was vacated.

  
Avon Lake Municipal Court
February 27, 2019
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Eligible For Unemployment - Medically Able to Work:

After our client was denied unemployment due to an allegation that she was not medically able to work, we researched her case and gathered medical documentation for the hearing officer. That hearing officer agreed that she was able to work and approved her claim for unemployment benefits.

  
Unemployment Appeal Won
February 27, 2019
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Administrative License Suspension Appeal Won:

Administrative License Suspensions ("ALS") should only be imposed when the police have probable cause to arrest an individual for an OVI or physical control and that person either refuses a chemical test or takes the test and scores over the legal limit. In our case, the individual took a urine test and the police, without yet receiving any results from the test, placed the person under an ALS. We were able to get the ALS thrown out (vacated) in an attempt to help our client get back to driving and avoid reinstatement fees.

  
Erie County Municipal Court
February 25, 2019
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Fired for Asking, "Are you calling me a liar?"

The employer met with our client on two occasions, made allegations about his work performance and our client answered the allegations. When the employer did not seem to believe our client, he asked, "Are you calling me a liar?" The employer claimed this was insubordination and terminated him. The Hearing Officer agreed that this did not rise to the level of insubordination and did not warrant termination.

  
Unemployment Appeal Won.
February 21, 2019
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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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