News, updates, resources, stories, and help from an Ohio attorney through a Blog.
Understanding what constitutes "just cause" for termination in Ohio unemployment cases requires careful examination of both general principles and specific workplace policies. This analysis becomes particularly important when employers maintain progressive discipline systems, as these policies create specific expectations and obligations that affect unemployment eligibility.
Read MoreGarrity and Kalkines rights are essential protections for public sector employees during workplace investigations. These constitutional safeguards allow public employees to maintain their rights against self-incrimination while still cooperating with employer investigations. It is crucial for both union representatives and members to understand these rights when navigating administrative investigations.
Read MoreWhile each case presents unique challenges, experienced defense counsel can identify the most promising strategies for your situation. Success often comes from careful investigation, thorough preparation, and strategic use of available defenses.
Read MoreMany employees find themselves in a challenging position when facing impending termination: stay until the actual discharge occurs, or resign beforehand to preserve professional relationships and future job prospects. What many don't realize is that under Ohio law, quitting before an inevitable termination doesn't automatically disqualify someone from receiving unemployment benefits.
Read MoreLoudermill rights are vital due process protections for public sector employees facing disciplinary actions that may lead to a loss of pay. These constitutional rights guarantee that public employees receive notice and an opportunity to respond before their property interest in employment and wages is compromised. Typical situations that trigger these rights include termination, demotion to a lower-paying position, or suspension without pay. These rights are rooted in the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
Read MoreAs a criminal defense attorney practicing in Ohio for over two decades, I've defended countless clients against disorderly conduct charges. While many dismiss these charges as minor infractions, they can carry serious consequences and deserve careful attention. Let's examine the nuances of Ohio's disorderly conduct laws and explore effective defense strategies.
Read MoreThe Ohio Supreme Court's decision in Tzangas established several crucial principles that continue to guide unemployment compensation determinations today. Most importantly, the Court held that an employee's unsuitability for their position can constitute sufficient fault to justify a denial of unemployment benefits - but only if specific criteria are met.
Read MoreWeingarten Rights are a fundamental protection for union employees, ensuring their right to union representation during investigatory interviews that could result in disciplinary action. Established by the Supreme Court in 1975, these rights safeguard due process and fairness in workplace investigations.
Read MoreCriminal charges in Ohio's legal system can be complex and confusing for those facing them. This guide explores three common criminal charges that frequently arise: obstructing official business, fleeing and eluding, and resisting arrest. Understanding these charges, their elements, and their consequences can help anyone navigating the legal system make more informed decisions.
Read MoreFiling an unemployment appeal in Ohio typically requires quick action - specifically within 21 days of receiving an unfavorable decision from the Ohio Department of Job and Family Services (ODJFS). However, there are several important situations where this deadline can be extended, providing crucial protections for claimants facing specific circumstances.
Read MoreAs a public sector employee in Ohio, you have specific rights that protects you during workplace investigations and disciplinary proceedings. Understanding these rights is crucial vital for maintaining ensuring workplace fairness and protecting your interests. Below, we explore examine four essential sets of rights that every public sector employee should know.
Read MoreIn Ohio's criminal justice system, defendants charged with misdemeanors have the constitutional right to a jury trial. This fundamental protection ensures fair judgment by peers, making it essential for defendants and their families to understand the jury process as they navigate the legal system.
Read MoreUnderstanding which types of employment do not qualify for unemployment benefits is crucial for both employers and workers in Ohio. The Ohio Revised Code provides detailed specifications for employment categories that are excluded from unemployment coverage.
Read MoreExperienced attorney with 20 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
by Brian J. Smith, Esq
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
https://www.BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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