When Private Lives Meet Workplace Discipline: How Arbitrators View Off-Duty Conduct

/ Law Offices of Brian J. Smith, ltd/
When Private Lives Meet Workplace Discipline: How Arbitrators View Off-Duty Conduct

Where 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 More

Understanding Ohio's Per Se OVI Charges: When Numbers Tell the Story

/ Law Offices of Brian J. Smith, ltd/
Understanding Ohio's Per Se OVI Charges: When Numbers Tell the Story

Ohio'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 More

Can Off-Duty Behavior Cost You Your Unemployment Benefits in Ohio?

/ Law Offices of Brian J. Smith, ltd/
Can Off-Duty Behavior Cost You Your Unemployment Benefits in Ohio?

Losing 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 More

Arbitrators' Decision-Making: Evaluating Workplace Discipline

/ Law Offices of Brian J. Smith, ltd/
Arbitrators' Decision-Making: Evaluating Workplace Discipline

When 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 More

The Ohio Felony Criminal Process: A Defense Attorney's Guide

/ Law Offices of Brian J. Smith, ltd/
The Ohio Felony Criminal Process: A Defense Attorney's Guide

Understanding 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 More

When Can an Employee Quit and Still Receive Unemployment? Understanding Just Cause Based on Contract Breaches

/ Law Offices of Brian J. Smith, ltd/
When Can an Employee Quit and Still Receive Unemployment? Understanding Just Cause Based on Contract Breaches

Ohio 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 More

The Duty of Fair Representation: A Guide for Ohio Labor Unions

/ Law Offices of Brian J. Smith, ltd/
The Duty of Fair Representation: A Guide for Ohio Labor Unions

As 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 More

The Active Work Search Requirement for Ohio Unemployment Benefits: What Claimants Need to Know

/ Law Offices of Brian J. Smith, ltd/
The Active Work Search Requirement for Ohio Unemployment Benefits: What Claimants Need to Know

When 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 More

Interest-Based Bargaining: A Modern Approach to Labor Negotiations

/ Law Offices of Brian J. Smith, ltd/
Interest-Based Bargaining: A Modern Approach to Labor Negotiations

Traditional 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 More