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.

No just cause to terminate for being rude to a co-worker:

The Hearing Officer agreed that our client- who had no prior discipline, was terminated without just cause for an allegation of being rude to a co-worker. In part due to our preparation, the Hearing Officer concluded that our client's testimony was more credible than her employers.

  
March 22, 2018
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Holding a real estate license does not disqualify unemployment eligibility:

Our client worked full time and held a real estate license. He was initially denied unemployment when he lost his full-time job because his real estate license with held with a broker. The Hearing Officer reversed, finding that just because a real estate broker held the license, this did not create an employment relationship.

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

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

  
March 16, 2018
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OVI With Breath Test Dismissed:

Prosecutor and court agreed with us to dismiss the OVI charges in exchange for a non-moving citation that protected our client from high fines, points to his license, and a year-long license suspension

  
March 15, 2018
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OVI Dismissed:

OVI with an over-the-limit breath test dismissed in exchange for a non-moving violation thereby avoiding jail, license suspension, and points to our client's driving record.

  
March 13, 2018
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Employer lacked just cause to terminate employee when customers were happy with employee's performance:

The hearing officer was persuaded- in part due to statements from customers that they were happy with our client's performance, that the employer lacked just cause to terminate for failing to meet performance expectations.

  
March 7, 2018
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Employer lacked just cause to terminate for a no-call/no-show:

The Hearing Officer did not agree with the employer that it had just cause to terminate for a no-call/no-show when the employee did call off to co-workers due to a bona fide medical illness.

  
March 7, 2018
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Employer lacked just cause to terminate employee for failing to meet expectations it did not explain:

When the employer promoted our client, it failed to explain the expectations of the new job and, therefore, lacked just cause to terminate the employee for failing to meet the unspoken expectations.

  
March 6, 2018
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Moving to a closer seat during a meeting is not violent behavior:

Employer alleged that our client made them feel intimidate, although it presented evidence of what our client did other that to move to a closer seat during a meeting. The employer lacked just cause to terminate.

  
March 1, 2018
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Termination for being on worker's comp. leave without a release to return to work lacks just cause:

Our client was off of work on a worker's compensation leave- having been examined by the employe's doctor and not given a release to return to work. The employer lacked just cause to terminate the employee for being absent without authorization.

  
February 26, 2018
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Termination for failing to meet substantially changed duties lacks just cause:

The employer gave our client new duties to complete and then terminate our client for failing to complete those duties adequately. Because there had been a substantial change in the requirements for the position, the employer lacked just cause to terminate.

  
February 26, 2018
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Termination for doing what you are told is without just cause:

Our client was sent to observe another employee- found the employee dressed inappropriately- took a photo that she shared with her supervisor, and was then terminated for taking the photo. The Hearing Officer agreed that this was not just cause for termination.

  
February 22, 2018
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OVI Driving Under a Suspension and OVI Charges Dismissed:

Client was facing mandatory jail time for both charges; however- the court agreed to dismiss the charges and vacate the ALS in exchange for a reduced plea that saved our client from all jail time, a $475 reinstatement fee and a license suspension.

  
February 16, 2018
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Drug OVI Dismissed:

Court agreed to dismiss an OVI based on levels of prescription meds in exchange for a reduced plea, vacating the ALS, eliminating the reinstatement fee, jail time and license suspension.

  
February 16, 2018
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OVI Charges Dismissed:

Court agreed to dismiss OVI charges for a plea to a non-moving violation, vacating the ALS, eliminating the reinstatement fee-, jail time and license suspension.

  
February 16, 2018
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OVI Charges Dismissed:

The court agreed to dismiss charges and vacate the administrative license suspension to save our client from jail, from a reinstatement fee and a license suspension

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

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

  
February 8, 2018
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Second OVI Dismissed:

With the strength of a strong suppression motion and our being ready to go to hearing,- we were able to obtain a dismissal of second OVI charges in exchange for a non-moving violation.

  
February 7, 2018
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CDL Saved, OVI Dismissed:

We helped our client get their OVI and administrative license suspension dismissed,- saving our client's commercial driver's license and job.

  
February 1, 2018
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Drug OVI Charges Dismissed:

Although our client was charged with a refusal OVI alleging marijuana impairment and possession- a dismissal of the charges in exchange for a reduction saved our client from a year's license suspension,- jail time and the driver's intervention program.

  
January 18, 2018
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2nd Refusal OVI and Drug Paraphernalia Charges Dismissed:

Although facing a mandatory minimum of 20 days in jail, a dismissal and reduction saved our client from all jail time and avoided a year's license suspension.

  
January 18, 2018
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OVI Charges Dismissed:

After obtaining a reduction to a non-moving violation, our client avoided a license suspension, avoided jail time, and avoided the drivers intervention program.

  
January 17, 2018
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OVI Refusal Charges Dismissed:

Our client was saved from a license suspension, jail time, and the drivers intervention program when we negotiated a dismissal of OVI charges in exchange for a plea to a reduced citation.

  
January 16, 2018
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OVI Charges Dismissed:

Upon filing a suppression motion challenging a traffic stop based on a tip that turned out to be inaccurate, OVI charges were dismissed in exchange for a plea to a non-moving violation.

  
January 8, 2018
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OVI Refusal Charges Dismissed:

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

  
January 3, 2018
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Employer mistakenly believed employee was taking extended breaks:

We persuaded the Hearing Officer that the employer was mistaken when it accused our client of taking extended breaks and as a result it was held that the employer lacked just cause to terminate.

  
December 22, 2017
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Requesting help is not insubordination:

The employer terminated our client believing he engage in insubordination when he asked for additional help- but the Hearing Officer agreed that the request was not insubordination an therefore the employer lacked just cause to terminate.

  
December 22, 2017
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Employer lacked just cause to terminate employee for being rude:

The hearing officer agreed that the employer failed to show that the employee was rude during an informal meeting over a cup of coffee, and thus the employer lacked just cause to terminate.

  
December 18, 2017
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Employer with unclear job expectations lacked just cause to terminate:

The hearing officer agreed that the employer did not have just cause to terminate when it did not provide details about purported areas of concern and it was unclear about what it was expecting of the employee.

  
December 12, 2017
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Not all mistakes warrant termination:

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

  
December 11, 2017
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Facebook posts do not give just cause to terminate:

Employer did not have just cause to terminate an employee for his personal social media posts when they were posted from home, were not work related, and did not mention the employer.

  
December 5, 2017
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OVI Refusal Charges Dismissed:

Administrative license suspension vacated and OVI charges dismissed in exchange for a minor misdemeanor plea with a small fine and no jail or DIP.

  
December 4, 2017
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OVI Charges Dismissed:

Client avoided a year long license suspension, jail time and the driver intervention program after we successfully obtained a dismissal of the OVI in exchange for a non-moving violation.

  
November 30, 2017
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OVI Charges Dismissed:

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

  
November 21, 2017
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OVI Charges with Accident Dismissed:

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

  
October 25, 2017
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OVI Charges Dismissed:

OVI charges dismissed in exchange to a reckless op plea, resulting in our client receiving only a 90 day license suspension and $250 fine.

  
October 20, 2017
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OVI DUS Dismissed:

Although our client was charged with a driving under an OVI suspension, a first-degree misdemeanor with a mandatory 3-days of jail, we obtained a complete dismissal of the charges.

  
October 19, 2017
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OVI Charges Dismissed:

Despite our client having turned in front of a police officer and going off the road, the court agreed to dismiss OVI charges in exchange for a reckless op charges, saving our client from mandatory penalties and a license suspension.

  
October 17, 2017
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OVI Charges Dismissed:

OVI charges dismissed, with our client escaping a license suspension and mandatory minimums by pleading to a physical control charge with just at $250 fine.

  
October 17, 2017
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ALS Appeal Granted:

The court agreed to vacate an administrative license suspension after it was shown that the police did not give the proper advisements.

  
September 26, 2017
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Termination for a customer complaint was without just cause:

The Employer did not have just cause to terminate for a customer complaint when the employee simply informed the customer of a store policy and the employer lacked evidence that she was rude when doing so.

  
September 21, 2017
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When employer cuts your hours, you do not have to bump another employee before resigning:

After employee's hours were cut in half she resigned. The employer argued that she should have bumped into another position which would have still been a 20% reduction in hours. The Hearing Officer disagreed and approved her benefits.

  
September 19, 2017
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0.229 OVI Dismissed:

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

  
September 18, 2017
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Termination for absences due to medical reasons is without just cause:

Employee not sufficiently at fault for absences due to migraines even though the absences exceeded the points allowed by the employer's attendance policy.

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

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

  
September 5, 2017
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Employer cannot claim an employee is on leave when they send a severance agreement:

Severance agreement showed employee was terminated and the employer lacked just cause.

  
August 30, 2017
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Employee did not resign by leaving early from work:

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

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

Demonstrated that the employee was terminated for following instructions.

  
August 29, 2017
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Refusal OVI Charges Dismissed:

OVI dismissed in exchange for a non-moving violation with no jail, no drivers intervention program (DIP), and no license suspension.

  
August 28, 2017
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Termination based on anonymous witness statements is without just cause:

Hearing officer agreed that employer could not show just cause to terminate when it relied solely upon anonymous witness statements.

  
August 16, 2017
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Second Refusal OVI Dismissed:

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

  
August 7, 2017
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OVI Charges Dismissed:

Negotiations with the prosecutor lead to a dismissal of all OVI charges, with our client receiving only a $50.00 fine for a traffic violation.

  
August 7, 2017
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No Just Cause to Terminate for Attendance:

The hearing officer agreed that the Employer did not show sufficient tardies to justify termination and it had told the employee instead that he was terminated due to a lack of work.

  
August 3, 2017
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Resignation at Advise of Psychiatrist is With Cause:

Employee who resigned due to the impact of her job on her mental illness was eligible for unemployment compensation.

  
July 28, 2017
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OVI Charges Based on Anonymous Tip Dismissed:

After asserting that a traffic stop based on an anonymous tip was an illegal search and seizure- the court agreed to dismiss OVI charges.

  
July 19, 2017
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Sobriety Checkpoint OVI Dismissed:

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

  
July 19, 2017
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Employee Error Did Not Warrant Termination:

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

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

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

  
June 27, 2017
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No Just Cause to Terminate Employee Absent Due to Daughter's Medical Reasons:

Employer lacked just cause to terminate employee with significant absences because it failed to give any progressive discipline and absences were due to daughter's bona fide illness.

  
June 22, 2017
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Job Requirements Changed Substantially After Hiring:

Employee accused of failing to meet job expectations approved for benefits, including nearly $7,000 in back-payments, because the job substantially changed.

  
June 20, 2017
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OVI Refusal Charges Dismissed:

Despite charges of an OVI refusal, negotiations with the prosecutor resulted in a dismissal of the charge in exchange for a reckless op plea, saving our client from a years license suspension.

  
June 20, 2017
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Showed Employer Lacked Just Cause to Terminate:

It was shown that the employer lacked sufficient proof to terminate an employee for hanging up on a customer.

  
June 8, 2017
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Employee Had Just Cause to Resign:

Employee who was put on light duty had just cause to resign when the employer offered not positions that would conform to the light duty requirements.

  
June 2, 2017
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Management Delays Do Not Justify Terminating Employee:

We showed that accusations that employee was terminated because projects were delayed were insufficient for just cause because the delays were due to management rather than the employee.

  
May 19, 2017
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Venting About Discipline is Not Just Cause to Terminate:

Employer who terminated employee for closing their office door and venting to a friend and co-worker about being put on a performance improvement plan did not have just cause for the termination.

  
May 18, 2017
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Rules Must Be Applied Reasonably:

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.

  
May 17, 2017
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Hit and Skip Charges Dismissed:

On the day of trial, the prosecutor agreed to dismiss hit and skip charges, leaving only a $75.00 fine for assured clear distance.

  
May 16, 2017
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OVI Charges Dismissed:

On the back of our suppression motion, OVI charges were dismissed in exchange for a non-moving violation.

  
May 16, 2017
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Employee's Reasonable Deviations from Policies Not Just Cause to Terminate:

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.

  
May 8, 2017
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Suppression Motion Leads to Complete Dismissal of OVI:

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.

  
May 2, 2017
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Employer Could Not Convert Layoff into a Termination:

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.

  
April 24, 2017
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Employer Lacks Just Cause to Terminate for Absence:

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.

  
April 24, 2017
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OVI Charges Dismissed:

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.

  
April 11, 2017
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OVI Charges Dismissed:

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.

  
April 10, 2017
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Showed the Hearing Officer that the Employee Did Not Commit Misconduct:

Employer failed to show any misconduct after last discipline and therefore lacked just cause to then terminate.

  
April 7, 2017
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Giving Accurate Information is Not Just Cause to 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.

  
April 3, 2017
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Employer Lacked Just Cause When It Skipped Discipline Steps:

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.

  
March 29, 2017
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Mistake that Was Quickly Corrected Was Not Just Cause to Terminate:

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.

  
March 27, 2017
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OVI Charges Dismissed:

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.

  
March 27, 2017
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Last Minute Denial of Vacation Did Not Give Just Cause to Terminate:

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."

  
March 23, 2017
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Employer Lacked Just Cause to Terminate for Absenteeism:

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."

  
March 15, 2017
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Reporting Off Work is Not a Resignation:

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.

  
March 13, 2017
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Leaving Early Does Not Justify Termination:

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.

  
March 13, 2017
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Mere Fact Employee Used Profanity Does Not Mean Employer Had Just Cause to Terminate:

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.

  
March 6, 2017
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Employer Lacked Just Cause to Terminate for Attendance:

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.

  
March 3, 2017
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Employer Failed to Follow Its Progressive Discipline Policy:

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.

  
February 28, 2017
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2nd Lifetime OVI Charge with Refusal Dismissed:

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.

  
February 28, 2017
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OVI Charges Dismissed:

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.

  
February 27, 2017
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Suppression Motion Leads to OVI Dismissal:

After filing a suppression motion, an agreement was reached to dismiss OVI charges in exchange for a reckless op plea - avoiding any jail time.

  
February 24, 2017
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Employer Failed to Show Rule Violation:

Employee was accused of misusing a phone at work, but we showed that she was merely listening to music, which the employer permitted.

  
February 14, 2017
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Employer's Skipping of Progressive Discipline Steps Was Unwarranted:

Employer failed to present justification for skipping a step of its own discipline policy, so employee found eligible for compensation.

  
February 8, 2017
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OVI Charges Dismissed:

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.

  
January 24, 2017
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Employer Lacked Just Cause to Terminate:

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.

  
January 23, 2017
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Employer Failed to Train:

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.

  
December 27, 2016
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Employer Lacked Just Cause to Terminate:

Convinced the Hearing Officer that the employer lacked evidence of wrongdoing of a medical employee despite some complaints from other workers.

  
December 27, 2016
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OVI Charges Dismissed:

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.

  
December 27, 2016
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Employee Misclassified as 1099 Contractor:

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.

  
December 21, 2016
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OVI Charges Dismissed:

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.

  
September 9, 2015
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Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.