Know Your Rights: What Your Employer Can and Cannot Do During Your Union Organizing Campaign

/ Law Offices of Brian J. Smith, ltd/
Know Your Rights: What Your Employer Can and Cannot Do During Your Union Organizing Campaign

When workers begin organizing a union in an Ohio public workplace, the dynamic shifts dramatically. Supervisors who once seemed friendly may become distant or hostile. Management suddenly takes interest in employee concerns they've ignored for years. New policies appear overnight. For workers fighting to form their union, understanding what their employer can and cannot legally do during this critical period isn't just helpful—it's essential to protecting the organizing campaign and avoiding intimidation tactics that could derail your collective efforts.

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When Police Contact Becomes a Constitutional Seizure: Understanding Consensual Encounters vs. Terry Stops in Ohio

/ Law Offices of Brian J. Smith, ltd/
When Police Contact Becomes a Constitutional Seizure: Understanding Consensual Encounters vs. Terry Stops in Ohio

Not every interaction between police and citizens implicates constitutional protections. Ohio law recognizes important distinctions between consensual encounters, which require no justification, and investigatory stops, which demand reasonable suspicion. Understanding when a police contact crosses the line from voluntary interaction to constitutional seizure can determine whether evidence obtained during the encounter is admissible. This distinction proves particularly crucial in OVI and traffic cases where initial police contact often begins informally.

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Work Search Requirements vs. Reality: Defending Claimants Against Unrealistic ODJFS Demands

/ Law Offices of Brian J. Smith, ltd/
Work Search Requirements vs. Reality: Defending Claimants Against Unrealistic ODJFS Demands

Ohio law requires most unemployment claimants to apply for work with at least two employers per week. This sounds simple enough, but ODJFS's enforcement often goes beyond what the law actually requires, creating traps for unsuspecting claimants who believe they're following the rules.

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Time Is of the Essence: Critical Deadlines That Can Make or Break Your Ohio Labor Case

/ Law Offices of Brian J. Smith, ltd/
Time Is of the Essence: Critical Deadlines That Can Make or Break Your Ohio Labor Case

In Ohio public sector labor law, the difference between victory and defeat often comes down to a matter of days, sometimes hours. Missing a deadline doesn't just complicate your case; it can end it before it begins. For unions navigating the complex procedural landscape of the State Employment Relations Board, understanding and respecting these time limits isn't just good practice, it's essential to protecting your members' rights.

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When Officers Exceed Their Jurisdiction: Constitutional Violations in Ohio Traffic Stops

/ Law Offices of Brian J. Smith, ltd/
When Officers Exceed Their Jurisdiction: Constitutional Violations in Ohio Traffic Stops

Law enforcement officers in Ohio operate within carefully defined jurisdictional boundaries. When officers conduct traffic stops outside their lawful authority, they violate the Ohio Constitution's protections against unreasonable searches and seizures. These jurisdictional violations can render traffic stops unconstitutional and lead to suppression of all evidence obtained. Understanding the limits of police authority and the enhanced protections provided by Ohio's Constitution offers crucial defenses in traffic and OVI cases.

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No Burden of Proof: How Ohio's Unique Standard Helps Unemployment Claimants

/ Law Offices of Brian J. Smith, ltd/
No Burden of Proof: How Ohio's Unique Standard Helps Unemployment Claimants

If you're facing an unemployment compensation hearing in Ohio, you have a powerful advantage that doesn't exist in courtrooms: no burden of proof. Understanding how this unique standard works can make the difference between winning and losing your appeal.

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When Public Employers Change Hands: Understanding Successor Employer Obligations in Ohio

/ Law Offices of Brian J. Smith, ltd/
When Public Employers Change Hands: Understanding Successor Employer Obligations in Ohio

The world of public employment rarely stands still. School districts merge, municipalities reorganize, and public services shift between agencies. When these transitions occur, a critical question emerges for unions and their members: what happens to existing collective bargaining relationships? Understanding successor employer obligations in Ohio public sector labor law can mean the difference between maintaining hard-won benefits and starting from scratch.

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When Officers Cannot Testify: Ohio's Marked Vehicle and Uniform Requirements in Traffic Cases

/ Law Offices of Brian J. Smith, ltd/
When Officers Cannot Testify: Ohio's Marked Vehicle and Uniform Requirements in Traffic Cases

Ohio law contains powerful but often overlooked provisions that can render law enforcement officers incompetent to testify in traffic and OVI cases. These statutes and evidentiary rules require officers primarily engaged in traffic enforcement to use marked vehicles and wear distinctive uniforms. When officers fail to meet these requirements, their testimony becomes inadmissible, potentially devastating the prosecution's case. Understanding these requirements and their application provides a critical defense tool in misdemeanor traffic cases.

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Fighting Fraudulent Misrepresentation Charges in Ohio Unemployment Cases

/ Law Offices of Brian J. Smith, ltd/
Fighting Fraudulent Misrepresentation Charges in Ohio Unemployment Cases

Being accused of fraudulent misrepresentation in an Ohio unemployment case is far more serious than a simple benefits denial. The consequences can follow you for years, affecting your financial stability and future eligibility for benefits. If you're facing these charges, understanding both the severity of the penalties and your defense options is crucial.

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Navigating the SERB Appeal Process: A Strategic Guide for Ohio Unions

/ Law Offices of Brian J. Smith, ltd/
Navigating the SERB Appeal Process: A Strategic Guide for Ohio Unions

When the State Employment Relations Board issues an unfair labor practice decision, the case doesn't always end there. Ohio law provides a clear path for judicial review of SERB orders, but successfully navigating this appeal process requires understanding strict deadlines, procedural requirements, and most importantly, the different standards of review that courts will apply. For unions seeking to challenge adverse SERB decisions or defend favorable ones, mastering these appellate fundamentals can mean the difference between victory and defeat.

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Miranda Rights and OVI Investigations: When Officers Must Advise Drivers of Their Rights

/ Law Offices of Brian J. Smith, ltd/
Miranda Rights and OVI Investigations: When Officers Must Advise Drivers of Their Rights

The intersection of Miranda rights and OVI investigations presents complex constitutional questions that can significantly impact the outcome of drunk driving cases in Ohio. Understanding when law enforcement must provide Miranda warnings during traffic stops and OVI investigations is crucial for anyone facing these charges. The admissibility of statements made during an OVI stop often hinges on whether proper constitutional safeguards were in place.

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Multiple Reasons for Quitting: How Ohio Courts Protect Workers' Unemployment Benefit Rights

/ Law Offices of Brian J. Smith/
Multiple Reasons for Quitting: How Ohio Courts Protect Workers' Unemployment Benefit Rights

When most people think about quitting their job, they often struggle to pinpoint a single, overwhelming reason that drove their decision. Real life is messy—workplace problems tend to accumulate, personal circumstances change, and the final decision to leave often stems from a combination of factors rather than one dramatic incident.

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The Power of Past Practice: How Unwritten Rules Shape Ohio Public Sector Labor Relations

/ Law Offices of Brian J. Smith, ltd/
The Power of Past Practice: How Unwritten Rules Shape Ohio Public Sector Labor Relations

In Ohio's public sector labor landscape, some of the most binding workplace rules aren't found in any contract. These unwritten customs, known as "past practices," can carry the same legal weight as formal collective bargaining agreements, and understanding their power is essential for both unions and public employers navigating the complexities of labor relations.

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Understanding the Community Caretaker Exception in Ohio DUI Cases

/ Law Offices of Brian J. Smiht, ltd/
Understanding the Community Caretaker Exception in Ohio DUI Cases

Law enforcement officers frequently justify their initial contact with drivers based on the "community caretaker" or "emergency aid" exception to the Fourth Amendment's warrant requirement. This exception represents a critical area of constitutional law that every driver should understand, as it can significantly impact the validity of a traffic stop and any subsequent DUI investigation.

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