News, updates, resources, stories, and help from an Ohio attorney through a Blog.
Most drivers worry about speeding tickets, but Ohio law also prohibits driving too slowly under certain circumstances. Understanding Ohio Revised Code 4511.22 and how courts interpret slow speed violations is crucial for anyone facing these charges, as the law is more complex than it initially appears and offers several potential defenses.
Read MoreTransportation problems can create significant barriers to receiving unemployment benefits in Ohio, affecting both your initial eligibility and your ongoing qualification for weekly benefits. Understanding how Ohio law treats transportation issues is crucial for anyone facing these challenges, as the state places the burden of securing adequate transportation squarely on the employee.
Read MoreAccess to information forms the bedrock of effective collective bargaining and contract administration. Without it, unions cannot adequately represent their members, negotiate fair agreements, or enforce existing contract rights. Ohio law recognizes this fundamental truth by imposing clear obligations on public employers to provide necessary and relevant information to unions.
Read MoreBeing charged with "leaving the scene" or "hit and skip" in Ohio can be confusing because Ohio actually has three separate statutes governing these situations, each with different requirements and penalties. Understanding which statute applies to your situation is crucial, as prosecutors sometimes charge defendants under the wrong section, creating opportunities for defense.
Read MoreLosing a job can be a stressful experience, and understanding how different types of payments you receive upon separation can impact your eligibility for unemployment benefits is crucial. Severance pay is a common example that can significantly affect your weekly unemployment benefits. This post will explain how separation or termination pay is treated under Ohio unemployment law and specifically discuss how its allocation affects your ability to collect weekly benefits.
Read MoreWhen public employers violate the rights guaranteed under Ohio's collective bargaining law, employees and their unions have powerful remedies available through the State Employment Relations Board (SERB). Understanding these remedies helps unions advocate effectively for their members and ensures employers face meaningful consequences for unlawful conduct.
Read MoreWhen individuals face OVI (Operating a Vehicle while Impaired) charges in Ohio, they may encounter various physical and mental evaluations administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand have achieved "standardized" status through the National Highway Traffic Safety Administration (NHTSA) and undergone some validation research, officers frequently employ additional tests that lack this crucial recognition. The Lack of Convergence (LOC) test represents another questionable evaluation tool that creates significant vulnerabilities in the prosecution's case.
Read MoreAs an applicant for unemployment benefits in Ohio, meeting the eligibility requirements is essential not only when you first file your claim but also each week you certify for benefits. You must be both "able to work" and "available for suitable work" during each week claimed. While the "able to work" requirement focuses on your physical capacity, the "available for suitable work" requirement deals with your readiness, willingness, and accessibility to the job market.
Read MoreWhen management decisions intersect with employee rights, Ohio public sector unions often face a critical question: Is this a topic the employer must negotiate, or can they act unilaterally? The answer frequently lies in applying the Youngstown balancing test, a crucial tool that determines when management rights trigger mandatory bargaining obligations.
Read MoreWhen facing an OVI (Operating a Vehicle while Impaired) charge in Ohio, defendants may find themselves subjected to various physical and mental tests administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand are recognized as "standardized" by the National Highway Traffic Safety Administration (NHTSA) and have undergone validation studies, officers frequently employ other tests that lack this crucial standardization. One such test that has become increasingly common is the Modified Romberg Balance (MRB) test.
Read MoreApplying 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 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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