News, updates, resources, stories, and help from an Ohio attorney through a Blog.
If you work through a temporary staffing agency in Ohio, you face a unique requirement that doesn't apply to other workers. Under R.C. 4141.29(A)(5), if your employment agreement requires you to contact the agency for new assignments after each job ends, failing to do so can disqualify you from unemployment benefits—even if no suitable work was actually available.
Read MoreEvery day, union representatives across Ohio face a fundamental challenge: how do you prove your members deserve better wages, benefits, and working conditions? The answer often lies not in passionate arguments alone, but in cold, hard data. Fortunately, Ohio's public sector unions have access to one of the most comprehensive labor databases in the nation through the State Employment Relations Board's Clearinghouse—yet many representatives barely scratch the surface of what this resource offers.
Read MoreAs union representatives and members in Ohio's public sector, understanding who belongs in your bargaining unit—and who doesn't—is fundamental to protecting your collective bargaining rights and building union strength. The State Employment Relations Board (SERB) holds the power to determine appropriate bargaining units, and knowing how they make these decisions can help you protect your unit's integrity, challenge improper exclusions, and ensure all eligible workers have union representation.
Read MoreSobriety checkpoints represent one of the most controversial intersections of public safety and constitutional rights. While the Fourth Amendment generally prohibits suspicionless seizures, courts have carved out limited exceptions for properly conducted checkpoints. Understanding the strict requirements for constitutional checkpoints and recognizing when law enforcement fails to meet these standards can provide crucial defenses in OVI cases. Ohio law demands careful adherence to specific procedures that limit officer discretion and protect citizens from arbitrary enforcement.
Read MoreIn Ohio unemployment hearings, showing up and testifying under oath gives you a significant advantage over employers who rely on written statements from absent witnesses. While hearsay evidence is admissible in these proceedings, Ohio law recognizes a fundamental truth: sworn testimony from someone present at the hearing typically outweighs written statements from people who don't appear.
Read MoreWhen 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.
Read MoreNot 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.
Read MoreOhio 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 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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