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.
The Hearing Officer agreed that our client- who had no prior discipline, was terminated without just cause for an allegation of being rude to a co-worker. In part due to our preparation, the Hearing Officer concluded that our client's testimony was more credible than her employers.
Our client worked full time and held a real estate license. He was initially denied unemployment when he lost his full-time job because his real estate license with held with a broker. The Hearing Officer reversed, finding that just because a real estate broker held the license, this did not create an employment relationship.
After arguing suppression issues, the court agreed to reduce charges eliminating all mandatory jail time.
Prosecutor and court agreed with us to dismiss the OVI charges in exchange for a non-moving citation that protected our client from high fines, points to his license, and a year-long license suspension
OVI with an over-the-limit breath test dismissed in exchange for a non-moving violation thereby avoiding jail, license suspension, and points to our client's driving record.
The hearing officer was persuaded- in part due to statements from customers that they were happy with our client's performance, that the employer lacked just cause to terminate for failing to meet performance expectations.
The Hearing Officer did not agree with the employer that it had just cause to terminate for a no-call/no-show when the employee did call off to co-workers due to a bona fide medical illness.
When the employer promoted our client, it failed to explain the expectations of the new job and, therefore, lacked just cause to terminate the employee for failing to meet the unspoken expectations.
Employer alleged that our client made them feel intimidate, although it presented evidence of what our client did other that to move to a closer seat during a meeting. The employer lacked just cause to terminate.
Our client was off of work on a worker's compensation leave- having been examined by the employe's doctor and not given a release to return to work. The employer lacked just cause to terminate the employee for being absent without authorization.
The employer gave our client new duties to complete and then terminate our client for failing to complete those duties adequately. Because there had been a substantial change in the requirements for the position, the employer lacked just cause to terminate.
Our client was sent to observe another employee- found the employee dressed inappropriately- took a photo that she shared with her supervisor, and was then terminated for taking the photo. The Hearing Officer agreed that this was not just cause for termination.
Client was facing mandatory jail time for both charges; however- the court agreed to dismiss the charges and vacate the ALS in exchange for a reduced plea that saved our client from all jail time, a $475 reinstatement fee and a license suspension.
Court agreed to dismiss an OVI based on levels of prescription meds in exchange for a reduced plea, vacating the ALS, eliminating the reinstatement fee, jail time and license suspension.
Court agreed to dismiss OVI charges for a plea to a non-moving violation, vacating the ALS, eliminating the reinstatement fee-, jail time and license suspension.
The court agreed to dismiss charges and vacate the administrative license suspension to save our client from jail, from a reinstatement fee and a license suspension
Through negotiations with the prosecutor, it was agreed that all charges should be dismissed.
With the strength of a strong suppression motion and our being ready to go to hearing,- we were able to obtain a dismissal of second OVI charges in exchange for a non-moving violation.
We helped our client get their OVI and administrative license suspension dismissed,- saving our client's commercial driver's license and job.
Although our client was charged with a refusal OVI alleging marijuana impairment and possession- a dismissal of the charges in exchange for a reduction saved our client from a year's license suspension,- jail time and the driver's intervention program.
Although facing a mandatory minimum of 20 days in jail, a dismissal and reduction saved our client from all jail time and avoided a year's license suspension.
After obtaining a reduction to a non-moving violation, our client avoided a license suspension, avoided jail time, and avoided the drivers intervention program.
Our client was saved from a license suspension, jail time, and the drivers intervention program when we negotiated a dismissal of OVI charges in exchange for a plea to a reduced citation.
Upon filing a suppression motion challenging a traffic stop based on a tip that turned out to be inaccurate, OVI charges were dismissed in exchange for a plea to a non-moving violation.
OVI charges dismissed, saving our client who was not a US citizen potential VISA problems, and eliminated a license suspension.
We persuaded the Hearing Officer that the employer was mistaken when it accused our client of taking extended breaks and as a result it was held that the employer lacked just cause to terminate.
The employer terminated our client believing he engage in insubordination when he asked for additional help- but the Hearing Officer agreed that the request was not insubordination an therefore the employer lacked just cause to terminate.
The hearing officer agreed that the employer failed to show that the employee was rude during an informal meeting over a cup of coffee, and thus the employer lacked just cause to terminate.
The hearing officer agreed that the employer did not have just cause to terminate when it did not provide details about purported areas of concern and it was unclear about what it was expecting of the employee.
Due to a lack of training, and employee who made a mistake at work was terminated without just cause.
Employer did not have just cause to terminate an employee for his personal social media posts when they were posted from home, were not work related, and did not mention the employer.
Administrative license suspension vacated and OVI charges dismissed in exchange for a minor misdemeanor plea with a small fine and no jail or DIP.
Client avoided a year long license suspension, jail time and the driver intervention program after we successfully obtained a dismissal of the OVI in exchange for a non-moving violation.
Client avoided both jail time and the driver intervention program when we successfully obtained a dismissal of OVI charges.
OVI charges against our client who fell asleep after taking prescription medications were dismissed.
OVI charges dismissed in exchange to a reckless op plea, resulting in our client receiving only a 90 day license suspension and $250 fine.
Although our client was charged with a driving under an OVI suspension, a first-degree misdemeanor with a mandatory 3-days of jail, we obtained a complete dismissal of the charges.
Despite our client having turned in front of a police officer and going off the road, the court agreed to dismiss OVI charges in exchange for a reckless op charges, saving our client from mandatory penalties and a license suspension.
OVI charges dismissed, with our client escaping a license suspension and mandatory minimums by pleading to a physical control charge with just at $250 fine.
The court agreed to vacate an administrative license suspension after it was shown that the police did not give the proper advisements.
The Employer did not have just cause to terminate for a customer complaint when the employee simply informed the customer of a store policy and the employer lacked evidence that she was rude when doing so.
After employee's hours were cut in half she resigned. The employer argued that she should have bumped into another position which would have still been a 20% reduction in hours. The Hearing Officer disagreed and approved her benefits.
High tier OVI dismissed with our client avoiding both jail time and a license suspension.
Employee not sufficiently at fault for absences due to migraines even though the absences exceeded the points allowed by the employer's attendance policy.
Employer's claim that employee attempted to assault another employee was not credible.
Severance agreement showed employee was terminated and the employer lacked just cause.
Employer's claim employee resigned was refutted by employee's email informing the employer they were just leaving early due to illness.
Demonstrated that the employee was terminated for following instructions.
OVI dismissed in exchange for a non-moving violation with no jail, no drivers intervention program (DIP), and no license suspension.
Hearing officer agreed that employer could not show just cause to terminate when it relied solely upon anonymous witness statements.
OVI charges dismissed in exchange for a reckless op plea, getting our client back to driving.
Negotiations with the prosecutor lead to a dismissal of all OVI charges, with our client receiving only a $50.00 fine for a traffic violation.
The hearing officer agreed that the Employer did not show sufficient tardies to justify termination and it had told the employee instead that he was terminated due to a lack of work.
Employee who resigned due to the impact of her job on her mental illness was eligible for unemployment compensation.
After asserting that a traffic stop based on an anonymous tip was an illegal search and seizure- the court agreed to dismiss OVI charges.
After challenging the Constitutionality of a sobriety checkpoint, the court agreed to dismiss OVI charges.
Employer lacked just cause to terminate an employee who was given unreasonable expectations.
Sivinski Law Offices showed that the employee followed the normal practice and had permission to adjust records.
Employer lacked just cause to terminate employee with significant absences because it failed to give any progressive discipline and absences were due to daughter's bona fide illness.
Employee accused of failing to meet job expectations approved for benefits, including nearly $7,000 in back-payments, because the job substantially changed.
Despite charges of an OVI refusal, negotiations with the prosecutor resulted in a dismissal of the charge in exchange for a reckless op plea, saving our client from a years license suspension.
It was shown that the employer lacked sufficient proof to terminate an employee for hanging up on a customer.
Employee who was put on light duty had just cause to resign when the employer offered not positions that would conform to the light duty requirements.
We showed that accusations that employee was terminated because projects were delayed were insufficient for just cause because the delays were due to management rather than the employee.
Employer who terminated employee for closing their office door and venting to a friend and co-worker about being put on a performance improvement plan did not have just cause for the termination.
Although the hearing officer concluded that the employee violated a rule- we were able to convince her that the rule was not applied reasonably and that the termination without prior discipline was without just cause.
On the day of trial, the prosecutor agreed to dismiss hit and skip charges, leaving only a $75.00 fine for assured clear distance.
On the back of our suppression motion, OVI charges were dismissed in exchange for a non-moving violation.
Employer who left employee short staffed lacked just cause to terminate the employee for deviations from policy when those deviations were reasonable and did not cause any harm to the employer.
After raising several issues with respect to failures in the state's alcohol testing process, the court agreed to dismiss all OVI charges leaving only a minor traffic light ticket.
Employer who asked employee if he wanted a voluntary layoff and then did not offer him any work could not use a prior incident as a justification to terminate - the employee was laid off due to a lack of work.
Employer who did not follow its own progressive discipline policy- and then issued a termination for an absence due to an illness with medical documentation- lacked just cause.
Another strong suppression motion led to a dismissal of OVI charges and reduction to a non-moving traffic violation, avoiding any jail-time and vacating the administrative license suspension.
A suppression motion pointing out issues with the State's case lead to an agreement to dismiss OVI charges and accept a lesser charge with zero jail time and dismissal of the license suspension, saving our client his job.
Employer failed to show any misconduct after last discipline and therefore lacked just cause to then terminate.
Employee payroll coordinator was terminated without just cause for sharing tax information with employee when it was shown that the information was accurate and followed procedure.
Hearing Officer agreed that the Employer failed to follow its progressive discipline policy and- as a result- it lacked just cause to terminate our client.
Employee with prior disciplinary record was terminated for entering the wrong code on a lab report; however- because the error was immediately caught and corrected the Hearing Officer agreed that the employer lacked just cause to terminate.
Despite an officer's claim that he detected an odor of alcohol- slurred speech- an admission of drinking, and failed field sobriety tests; we raised substantial issues in a suppression motion that helped us obtain a dismissal of the OVI charges in exchange for a plea to a non-moving violation without any mandatory minimums.
Employee requested vacation many weeks in advance and paid for the vacation- only to be told a couple days before that he would be terminated if he took the vacation. The Hearing Officer agreed that the Employer lacked just cause to terminate because it could not show the employee's actions- "were so egregious or unreasonable as to warrant a denial of unemployment benefits."
Even though the employee did not have medical documentation- she provided credible testimony that she was absent only twice and was ill each time. "Absenteeism caused by bona fide illness- reported to an employer- is not just cause for discharge."
Employee who had a conversation about wages with his supervisor and finished the conversation by saying he was "done-" had not resigned. Rather- even though he reported off for the next day- the fact that he asked why the employer took him off the schedules confirmed that he only meant he was "done" with the conversation.
After an employee's supervisor laughed with a customer who was calling her stupid and then argued with her when she complained- she became upset- crying- and said she needed to take the rest of the day off. The Hearing Officer agreed that the employer did not have just cause to terminate her for arguing or leaving early when it did not object or warn her that she would be disciplined.
Hearing officer agreed that an employee who used the F word, but was responding to the supervisor's use of profanity, was terminated without just cause.
Employer's policy provided discipline steps for attendance, including termination after the 6th occurrence. It was shown that Employer did not follow its policy, terminating after the 5th occurrence and with only one prior warning.
Employer who skipped several steps of its progressive discipline policy lacked just cause to terminate because employee had reasonable expectation that employer would follow its own policy.
Obtained a dismissal of an OVI despite a prior OVI conviction, and despite a refusal, after strategic discussions regarding weaknesses in the State's case led the prosecutor to agree to a reduced reckless op.
Obtained a dismissal of an OVI, protecting our client from a record- suspension and jail time. Our client was happy we obtained a reduced reckless op plea- protecting their medical career.
After filing a suppression motion, an agreement was reached to dismiss OVI charges in exchange for a reckless op plea - avoiding any jail time.
Employee was accused of misusing a phone at work, but we showed that she was merely listening to music, which the employer permitted.
Employer failed to present justification for skipping a step of its own discipline policy, so employee found eligible for compensation.
Obtained a dismissal of OVI charges for a client who also had a record of prior charges in exchange for an agreement to a plea of physical control.
Hearing Officer approved client for unemployment,- persuaded that the employer lacked just cause to terminate for sending emails during work. The Hearing Officer concluded that the employer did not persuade him that an actual violation of policy occurred.
Hearing Officer agreed that the employee was eligible because the employer lacked just cause to terminate. The Employer knew when it hired the employee that she would need training to perform her job, it failed to provide training- and then it terminated her unjustly for not being able to perform her job as desired.
Convinced the Hearing Officer that the employer lacked evidence of wrongdoing of a medical employee despite some complaints from other workers.
Persuaded court to agree to dismiss OVI and other charges, protecting the client from fines- penalties- and a CDL disqualification, in exchange for an agreement to plea to a non-moving charge.
Obtained unemployment compensation for an employee who had been paid as a 1099 independent contractor, but should have been classified as and paid as an employee subject to unemployment compensation.
Our client was cited with an OVI after a traffic stop during which she declined to take a breath test. Through extensive negotiations, we reached an agreement that resulted in the OVI charges being dismissed without any court imposed license suspension.