News, updates, resources, stories, and help from an Ohio attorney through a Blog.
Applying for unemployment benefits in Ohio requires meeting certain criteria, not just when you first apply, but also on a weekly basis to continue receiving payments. One crucial requirement is that you must be "able to work" each week for which you claim benefits. This isn't always as straightforward as it might sound, especially if you have health issues or restrictions.
Read MoreWhen Ohio public sector unions sit down at the bargaining table, not all topics carry the same legal weight. Some subjects must be negotiated, while others remain at the employer's discretion. Understanding this distinction can make the difference between securing vital workplace improvements and missing opportunities to advocate for union members.
Read MoreThe One Leg Stand (OLS) test constitutes the third field sobriety test in the standardized battery, yet its effectiveness as a reliable indicator of intoxication remains highly questionable. Despite law enforcement's reliance on this test, fundamental flaws in its design, administration, and interpretation cast serious doubt on its validity.
Read MoreIf your employer has a progressive discipline policy, it could significantly impact your eligibility for unemployment benefits after termination. Understanding how Ohio courts evaluate these policies in unemployment cases can make the difference between receiving benefits or being denied.
Read MoreCollective bargaining agreements (CBAs) in the Ohio public sector frequently include clauses intended to define the scope of bargaining obligations during the life of the agreement. Among these are reservation of rights clauses and zipper clauses, both of which can be invoked by employers to argue a lack of duty to bargain on certain matters. For Ohio labor unions and their members, understanding the implications and limitations of these clauses is essential to protecting their bargaining rights under Ohio Revised Code (ORC) Chapter 4117.
Read MoreThe Walk and Turn (WAT) test represents another cornerstone of field sobriety testing, yet its reliability merits significant scrutiny. While law enforcement portrays this test as an objective measure of impairment, numerous factors undermine its validity, making it a questionable tool for determining intoxication.
Read MoreFor education employees in Ohio, the rules governing unemployment benefits during breaks between academic terms can be complex. Understanding these "between-terms" provisions is crucial for teachers, administrative staff, and other education workers who may find themselves without work during summer breaks or other periods.
Read MoreAs an experienced Ohio labor union attorney, one of the critical areas of practice involves navigating disputes that arise under collective bargaining agreements. A cornerstone of most CBAs is the establishment of a grievance and arbitration procedure designed to resolve these disagreements. However, a frequent question that arises is: when does the State Employment Relations Board (SERB) defer to these contractual mechanisms, and when will it assert its own jurisdiction over alleged unfair labor practices (ULPs) that might also have a contractual dimension? This blog post aims to provide clarity on this crucial aspect of Ohio public sector labor law.
Read MoreThe Horizontal Gaze Nystagmus (HGN) test has become a cornerstone of DUI enforcement, yet its scientific validity and practical application deserve careful scrutiny. While law enforcement presents this test as objective evidence of impairment, numerous issues undermine its reliability as a definitive indicator of intoxication.
Read MoreWhen it comes to unemployment benefits in Ohio, your religious beliefs can play a crucial role in determining your eligibility – even if those beliefs prevent you from accepting certain work or following employer policies. Understanding how religious freedom intersects with unemployment law can make the difference between qualifying for benefits or facing denial.
Read MoreAs union members, we stand together to protect our livelihoods, our working conditions, and the integrity of our collective bargaining agreements. One of the challenges we sometimes face is the prospect of our employers subcontracting our work to outside entities. While employers may claim this is for efficiency or cost savings, it can have a devastating impact on our jobs and our union's strength. It's crucial for us to understand that under Ohio law, specifically Ohio Revised Code (ORC) Chapter 4117, certain subcontracting actions by public employers can be illegal unfair labor practices (ULPs). This post will delve into when subcontracting crosses the line and what rights we have as union members in these situations.
Read MoreWe've all seen it happen: a police officer pulls someone over for what they believe is a violation, only to discover upon approach that no violation actually occurred. What should happen next? Ohio law provides clear guidance on this important issue.
Read MoreIf you've been terminated from your job in Ohio and are considering filing for unemployment benefits, one crucial concept you need to understand is "just cause" – and specifically, how the reason your employer gave for your termination affects your eligibility for benefits.
Read MoreIn the realm of Ohio public sector labor relations, the Ohio Revised Code (ORC) Chapter 4117 lays out the ground rules for the relationship between public employers and their employees, particularly when employees choose to be represented by a union. A key aspect of these regulations is the prohibition of "unfair labor practices" (ULPs), actions by either the employer or the employee organization that undermine the rights guaranteed by this chapter. One such ULP that often raises questions is "direct dealing." This blog post will delve into what direct dealing entails and under what circumstances it can cross the line into an unfair labor practice for public employers in Ohio.
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.
Disclaimer / Privacy Policy
© Brian J. Smith, all rights reserved.
