News, updates, resources, stories, and help from an Ohio attorney through a Blog.
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.
Read MoreIn 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.
Read MoreLaw 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.
Read MoreIf 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.
Read MoreThe 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.
Read MoreOhio 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.
Read MoreBeing 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.
Read MoreWhen 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.
Read MoreThe 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.
Read MoreWhen 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.
Read MoreIn 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.
Read MoreLaw 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.
Read MoreDefining who belongs in a bargaining unit forms the foundation of collective bargaining rights. Yet these determinations aren't set in stone—positions evolve, new jobs emerge, and disputes arise about unit composition. Understanding how the State Employment Relations Board (SERB) approaches these issues empowers unions to protect their jurisdiction and ensure appropriate representation for all eligible employees.
Read MoreBeing terminated for violating a company rule can feel devastating, especially when you're facing the possibility of being denied unemployment benefits. However, if your employer didn't consistently enforce that rule with all employees, you may still be eligible for benefits even though you technically broke a workplace policy.
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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