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When you lose your job, navigating Ohio's unemployment system becomes a priority. One common reason employers cite for denying unemployment benefits is "insubordination." But what exactly counts as insubordination under Ohio unemployment law, and when might you still qualify for benefits despite being terminated for allegedly not following instructions?
Read MoreThe cornerstone of effective union representation lies in the collective bargaining process—a fundamental right protected by both federal labor law and Ohio state law. For Ohio public employees in particular, Chapter 4117 of the Ohio Revised Code establishes specific rights and obligations that shape workplace negotiations. This guide explores what the "duty to bargain" actually means in practice and how it impacts your workplace rights, whether you work in the private or public sector in Ohio.
Read MoreDUI checkpoints (also called sobriety checkpoints) are temporary roadblocks where law enforcement officers stop vehicles to check drivers for signs of impairment. The U.S. Supreme Court has established that these checkpoints constitute a "seizure" under the Fourth Amendment, but they are permitted under certain conditions.
Read MoreNavigating Ohio's unemployment system can be challenging, particularly when issues of workplace dishonesty are involved. As unemployment attorneys working with Ohio residents daily, we often encounter situations where applicants are surprised to learn how severely dishonesty can impact their benefits eligibility.
Read MoreWhere does an employer's authority end and an employee's private life begin? This question frequently arises in labor disputes when workers face discipline for actions that occurred outside work hours and away from company property. While employees often assume their personal lives remain their own business, employers sometimes claim that certain off-duty behaviors justify workplace consequences.
Read MoreOhio's Operating a Vehicle under the Influence (OVI) laws include specific provisions known as "per se" violations, which create a unique framework for prosecution. These charges differ from traditional impairment-based OVI cases because they rely solely on chemical test results rather than observable signs of impairment.
Read MoreLosing your job is difficult enough, but discovering you might be ineligible for unemployment benefits because of something you did outside of work hours can be devastating. As Ohio unemployment attorneys, we regularly help clients navigate these complex situations.
Read MoreWhen reviewing workplace discipline cases where some misconduct has been established, arbitrators face the challenge of determining whether the employer's chosen penalty fits the offense. This analysis involves weighing numerous factors to ensure that discipline serves its proper purpose—to correct behavior rather than merely punish, except in the most serious cases.
Read MoreUnderstanding the progression of a felony criminal case in Ohio requires deep familiarity with multiple procedural stages, each carrying its own strategic considerations and constitutional protections. This overview examines the key phases defendants and their counsel navigate from arrest through final disposition.
Read MoreOhio unemployment law recognizes that employees sometimes face situations where quitting their job becomes a reasonable choice - particularly when employers make substantial changes to the terms of employment. A close examination of Ohio court decisions reveals that reductions in income, whether through direct pay cuts or reduced hours, often form the heart of these cases.
Read MoreAs a labor union in Ohio, one of your core responsibilities is to fairly represent all members of the bargaining unit, regardless of their union membership status or personal relationships with union leadership. This obligation, known as the duty of fair representation, is a legal principle established through state and federal case law as well as statutes that applies to all union activities, including collective bargaining, grievance processing, and contract enforcement.
Read MoreCriminal offenses in Ohio are classified as either misdemeanors or felonies, with felonies encompassing more serious crimes and carrying more severe penalties. This overview focuses on misdemeanor offenses and their consequences under Ohio law.
Read MoreWhen receiving unemployment benefits in Ohio, simply filing weekly claims is not enough - claimants must actively search for new employment. The Ohio courts have established that a person must make reasonable, good faith efforts to find suitable work, going beyond merely registering with the unemployment office.
Read MoreTraditional collective bargaining often creates an atmosphere of conflict, where opposing sides stake out positions and gradually wear each other down through tactical maneuvers. While this conventional approach has achieved results over many decades, labor professionals are increasingly exploring interest-based bargaining (IBB), also known as collaborative bargaining, as an alternative. This cooperative approach emphasizes joint problem-solving and mutual understanding rather than positional conflict.
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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