Recent Cases

Whether DUI/OVI cases, unemployment appeals, or criminal cases, Sivinski Law Offices' record shows a steady flow of successes for our clients.  Here are some recent examples:

Fourth Degree Misdemeanor Charges Dismissed:  Our client was charged with a fourth degree misdemeanor, including jail of up to 30 days and a $250 fine, for a charge boating without a required Boater Education Certificate.  We were able to obtain a complete dismissal of all charges.  (Huron Municipal Court 12/15/2017).

 

Employer with unclear job expectations lacked just cause to terminate:  The hearing officer agreed that the employer did not have just cause to terminate when it did not provide details about purported areas of concern and it was unclear about what it was expecting of the employee.  (Unemployment Appeal Won 12/12/2017.)

 

Not all mistakes warrant termination:  Due to a lack of training, and employee who made a mistake at work was terminated without just cause.  (Unemployment Appeal Won 12/11/2017.)

 

Facebook posts do not give just cause to terminate:  Employer did not have just cause to terminate an employee for his personal social media posts when they were posted from home, were not work related, and did not mention the employer.  (Unemployment Appeal Won 12/5/2017.)

 

OVI Refusal Charges Dismissed:  Administrative license suspension vacated and OVI charges dismissed in exchange for a minor misdemeanor plea with a small fine and no jail or DIP.  (Elyria Municipal 12/04/2017)

 

OVI Charges Dismissed:  Client avoided a year long license suspension, jail time and the driver intervention program after we successfully obtained a dismissal of the OVI in exchange for a non-moving violation.  (Rocky River Municipal 11/30/2017)

 

Employer lacked just cause to terminate an employee who was showing improvement:  An employee who was put on a 60-day action plan was showing improvement, so the employer’s decision to terminate the employee before the 60 days had run lacked just cause.  (Unemployment Appeal Won 11/30/2017.)

 

OVI Charges Dismissed:  Client avoided both jail time and the driver intervention program when we successfully obtained a dismissal of OVI charges.  (Sandusky County Court -  Clyde 11/21/2017)

 

A mistake is not a lie:  The Hearing Officer agreed that although the employee had made a mistake in what they stated to the employer, this was not a lie as alleged by the employer and therefore it lacked just cause to terminate.  (Unemployment Appeal Won 11/15/2017.)

 

Employer who skipped progressive discipline steps lacked just cause to terminate:  We showed that the employer lacked just cause to skip multiple progressive discipline steps to terminate when the employee’s error was unintentional.  (Unemployment Appeal Won 11/15/2017.)

 

Employee had just cause to resign due to medical reasons, even though she did not seek other positions first:  The employer had only two positions available, neither of which could the employee perform due to medical reasons, and therefore she had just cause to resign.  (Unemployment Appeal Won 11/1/2017.)

 

Theft Conviction Diverted:  Upon completion of abiding by the court’s order for six months, our client will receive a complete dismissal of theft charges resulting from shoplifting allegations.  (Rocky River Municipal court 10/30/2017).

 

Prior discipline insufficient cause to terminate:  Although an employee had received a record of discipline, the Employer failed to show any misconduct between the last discipline and the termination that justified the termination.  (Unemployment Appeal Won 10/27/2017.)

 

OVI Charges with Accident Dismissed:  OVI charges against our client who fell asleep after taking prescription medications were dismissed.  (Elyria Municipal Court 10/25/2017)

 

Employer lacked just cause to terminate an employee who was absent due to medical issues: The Hearing Officer agreed that the employer lacked just cause to terminate an employee who had absences due to medical issues beyond their control.  (Unemployment Appeal Won 10/20/2017)

 

OVI Charges Dismissed:  OVI charges dismissed in exchange to a reckless op plea, resulting in our client receiving only a 90-day license suspension and $250 fine.  (Ottawa County Municipal Court 10/20/2017)

 

ODJFS was in error when it denied benefits due to an inability to work:  We demonstrated that, while the employee was not able to do their job at the time they were terminated, they were subsequently released to work without restrictions and therefore eligible for benefits.  (Unemployment Appeal Won 10/20/2017)

 

OVI DUS Dismissed:  Although our client was charged with a driving under an OVI suspension, a first-degree misdemeanor with a mandatory 3-days of jail, we obtained a complete dismissal of the charges.  (Rocky River Municipal Court 10/19/2017)

 

OVI Charges Dismissed: OVI charges dismissed, with our client escaping a license suspension and mandatory minimums by pleading to a physical control charge with just at $250 fine.  (Sandusky Municipal Court 10/17/2017)

 

Assault Charges Dismissed:  Assault charges dismissed against our client when the evidence of the case stemming from a dispute between a boyfriend and girlfriend was shown to be weak.  (Sandusky Municipal Court 10/17/2017)

 

Theft Conviction Diverted:  Our client will receive a complete dismissal of theft charges resulting from allegations of theft at work, after abiding by the court’s order for one-year.  (Rocky River Municipal Court 10/17/2017)

 

OVI Charges Dismissed: Despite our client having turned in front of a police officer and going off the road, the court agreed to dismiss OVI charges in exchange for a reckless op charges, saving our client from mandatory penalties and a license suspension.  (Sandusky Municipal Court 10/17/2017)

 

Employer lacked just cause to terminate an employee who did what he was trained:  Employer had a written policy that it claimed the employee violated, but the Hearing Officer agreed that the actual training the employee received did not match the written policy.  (Unemployment Appeal Won 10/13/2017)

 

Employer did not have just cause to terminate employee for spreading rumors:  Employer lacked just cause to terminate employee to prevent discussions about a flirtatious employee and the employer.  (Unemployment Appeal Won 10/12/2017)

 

Termination of employee for allegedly misusing an employer voucher was without just cause: Hearing Officer agreed that, even of the allegation were true, the employer’s own policy called for a coaching rather than a termination.  Failure to follow its own policy meant it lacked just cause to terminate.  (Unemployment Appeal Won 10/11/2017)

 

Termination for a customer complaint was without just cause: The Employer did not have just cause to terminate for a customer complaint when the employee simply informed the customer of a store policy and the employer lacked evidence that she was rude when doing so.  (Unemployment Appeal Won 9/21/2017)

 

ALS Appeal Granted: The court agreed to vacate an administrative license suspension after it was shown that the police did not give the proper advisements.  (Berea Municipal Court 9/26/2017)

 

When employer cuts your hours, you do not have to bump another employee before resigning: After employee’s hours were cut in half she resigned.  The employer argued that she should have bumped into another position which would have still been a 20% reduction in hours.  The Hearing Officer disagreed and approved her benefits.  (Unemployment Appeal Won 9/19/2017)

 

0.229 OVI Dismissed:  High tier OVI dismissed with our client avoiding both jail time and a license suspension. (Painesville Municipal Court 9/18/2017)

 

Termination for absences due to medical reasons is without just cause: Employee not sufficiently at fault for absences due to migraines even though the absences exceeded the points allowed by the employer’s attendance policy.  (Unemployment Appeal Won 9/7/2017)

 

Employer lacked evidence to justify termination for alleged assault:  Employer's claim that employee attempted to assault another employee was not credible.  (Unemployment Appeal Won 9/5/2017)

 

Employee did not resign by leaving early from work:  Employer's claim employee resigned was refuted by employee's email informing the employer they were just leaving early due to illness.  (Unemployment Appeal Won 8/30/2017)

 

Employer cannot claim an employee is on leave when they send a severance agreement: Severance agreement showed employee was terminated and the employer lacked just cause.  (Unemployment Appeal Won 8/30/2017)

 

Termination of employee who followed instructions was without just cause: Demonstrated that the employee was terminated for following instructions. (Unemployment Appeal Won 8/29/2017)

 

Refusal OVI Charges Dismissed:  OVI dismissed in exchange for a non-moving violation with no jail, no drivers intervention program (DIP), and no license suspension. (Canton Municipal Court 8/28/2017)

 

Termination based on anonymous witness statements is without just cause: Hearing officer agreed that employer could not show just cause to terminate when it relied solely upon anonymous witness statements.  (Unemployment Appeal Won 8/16/2017)

 

OVI Charges Dismissed: Negotiations with the prosecutor lead to a dismissal of all OVI charges, with our client receiving only a $50.00 fine for a traffic violation.  (Rocky River Municipal Court 8/7/2017)

 

Second Refusal OVI Dismissed: OVI charges dismissed in exchange for a reckless op plea, getting our client back to driving.  (Sandusky Municipal Court 8/7/2017)

 

No Just Cause to Terminate for Attendance:  The hearing officer agreed that the Employer did not show sufficient tardies to justify termination and it had told the employee instead that he was terminated due to a lack of work.  (Unemployment Appeal Won 8/3/2017)

 

Resignation at Advise of Psychiatrist is With Cause: Employee who resigned due to the impact of her job on her mental illness was eligible for unemployment compensation.  (Unemployment Appeal Won 7/28/2017)

 

Sobriety Checkpoint OVI Dismissed:  After challenging the Constitutionality of a sobriety checkpoint, the court agreed to dismiss OVI charges.  (Elyria Municipal Court 7/19/2017)

 

OVI Charges Based on Anonymous Tip Dismissed: After asserting that a traffic stop based on an anonymous tip was an illegal search and seizure, the court agreed to dismiss OVI charges.  (Mentor Municipal Court 7/19/2017)

 

Employee Error Did Not Warrant Termination:  Employer lacked just cause to terminate an employee who was given unreasonable expectations.  (Unemployment Appeal Won 7/7/2017)

 

Allegations of Falsification of Records Not Substantiated: Sivinski Law Offices showed that the employee followed the normal practice and had permission to adjust records. (Unemployment Appeal Won 6/27/2017)

 

No Just Cause to Terminate Employee Absent Due to Daughter's Medical Reasons:  Employer lacked just cause to terminate employee with significant absences because it failed to give any progressive discipline and absences were due to daughter's bona fide illness.  (Unemployment Appeal Won 6/22/2017)

 

OVI Refusal Charges Dismissed:  Despite charges of an OVI refusal, negotiations with the prosecutor resulted in a dismissal of the charge in exchange for a reckless op plea, saving our client from a years license suspension.  (Bellevue Municipal Court 6/20/2017)

 

Job Requirements Changed Substantially After Hiring.: Employee accused of failing to meet job expectations approved for benefits, including nearly $7,000 in back-payments, because the job substantially changed.  (Unemployment Appeal Won 6/20/2017)

 

Showed Employer Lacked Just Cause to Terminate:  It was shown that the employer lacked sufficient proof to terminate an employee for hanging up on a customer.  (Unemployment Appeal Won 6/8/2017)

 

Employee Had Just Cause to Resign: Employee who was put on light duty had just cause to resign when the employer offered not positions that would conform to the light duty requirements.  (Unemployment Appeal Won 6/2/2017)

 

Management Delays Do Not Justify Terminating Employee: We showed that accusations that employee was terminated because projects were delayed were insufficient for just cause because the delays were due to management rather than the employee.  (Unemployment Appeal Won 5/19/2017)

 

Venting About Discipline is Not Just Cause to Terminate: Employer who terminated employee for closing their office door and venting to a friend and co-worker about being put on a performance improvement plan did not have just cause for the termination.  (Unemployment Appeal Won 5/18/2017)

 

Rules Must Be Applied Reasonably:  Although the hearing officer concluded that the employee violated a rule, we were able to convince her that the rule was not applied reasonably and that the termination without prior discipline was without just cause.  (Unemployment Appeal Won 5/17/2017)

 

Hit and Skip Charges Dismissed:  On the day of trial, the prosecutor agreed to dismiss hit and skip charges, leaving only a $75.00 fine for assured clear distance.  (Rocky River Muni. 5/16/017)

 

OVI Charges Dismissed: On the back of our suppression motion, OVI charges were dismissed in exchange for a non-moving violation.  (Willoughby Muni. 5/16/2017)

 

Employee's Reasonable Deviations from Policies Not Just Cause to Terminate: Employer who left employee short staffed lacked just cause to terminate the employee for deviations from policy when those deviations were reasonable and did not cause any harm to the employer.  (Unemployment Appeal Won 5/8/2017)

 

Suppression Motion Leads to Complete Dismissal of OVI: After raising several issues with respect to failures in the state's alcohol testing process, the court agreed to dismiss all OVI charges leaving only a minor traffic light ticket.  (Painesville Muni. 5/2/2017)

 

Employer Lacks Just Cause to Terminate for Absence:  Employer who did not follow its own progressive discipline policy, and then issued a termination for an absence due to an illness with medical documentation, lacked just cause.  (Unemployment Appeal Won 4/24/2017)

 

Employer Could Not Convert Layoff into a Termination: Employer who asked employee if he wanted a voluntary layoff and then did not offer him any work could not use a prior incident as a justification to terminate - the employee was laid off due to a lack of work.  (Unemployment Appeal Won 4/24/2017)

 

OVI Charges Dismissed: Another strong suppression motion led to a dismissal of OVI charges and reduction to a non-moving traffic violation, avoiding any jail-time and vacating the administrative license suspension. (Vermilion Muni. 4/11/2017)

 

OVI Charges Dismissed:  A suppression motion pointing out issues with the State's case lead to an agreement to dismiss OVI charges and accept a lesser charge with zero jail time and dismissal of the license suspension, saving our client his job.  (Bedford Muni. 4/10/2017)

 

Showed the Hearing Officer that the Employee Did Not Commit Misconduct:  Employer failed to show any misconduct after last discipline and therefore lacked just cause to then terminate.  (Unemployment Appeal Won 4/7/2017)

 

Giving Accurate Information is Not Just Cause to Terminate: Employee payroll coordinator was terminated without just cause for sharing tax information with employee when it was shown that the information was accurate and followed procedure.  (Unemployment Appeal Won 4/3/2017)

 

Employer Lacked Just Cause When It Skipped Discipline Steps: Hearing Officer agreed that the Employer failed to follow its progressive discipline policy and, as a result, it lacked just cause to terminate our client.  (Unemployment Appeal Won 3/29/2017)

 

OVI Charges Dismissed: Despite an officer's claim that he detected an odor of alcohol, slurred speech, an admission of drinking, and failed field sobriety tests; we raised substantial issues in a suppression motion that helped us obtain a dismissal of the OVI charges in exchange for a plea to a non-moving violation without any mandatory minimums. (Lyndhurst Muni. 3/27/2017)

 

Mistake that Was Quickly Corrected Was Not Just Cause to Terminate: Employee with prior disciplinary record was terminated for entering the wrong code on a lab report; however, because the error was immediately caught and corrected the Hearing Officer agreed that the employer lacked just cause to terminate.  (Unemployment Appeal Won 3/27/2017)

 

Last Minute Denial of Vacation Did Not Give Just Cause to Terminate: Employee requested vacation many weeks in advance and paid for the vacation, only to be told a couple days before that he would be terminated if he took the vacation.  The Hearing Officer agreed that the Employer lacked just cause to terminate because it could not show the employee's actions, "were so egregious or unreasonable as to warrant a denial of unemployment benefits."  (Unemployment Appeal Won 3/23/2017)

 

Employer Lacked Just Cause to Terminate for Absenteeism: Even though the employee did not have medical documentation, she provided credible testimony that she was absent only twice and was ill each time.  "Absenteeism caused by bona fide illness, reported to an employer, is not just cause for discharge."  (Unemployment Appeal Won 3/15/2017)

 

Leaving Early Does Not Justify Termination: After an employee's supervisor laughed with a customer who was calling her stupid and then argued with her when she complained, she became upset, crying, and said she needed to take the rest of the day off.  The Hearing Officer agreed that the employer did not have just cause to terminate her for arguing or leaving early when it did not object or warn her that she would be disciplined.  (Unemployment Appeal Won 3/13/2017)

 

Reporting Off Work is Not a Resignation: Employee who had a conversation about wages with his supervisor and finished the conversation by saying he was "done," had not resigned.  Rather, even though he reported off for the next day, the fact that he asked why the employer took him off the schedules confirmed that he only meant he was "done" with the conversation.  (Unemployment Appeal Won. 3/13/2017)

 

Mere Fact Employee Used Profanity Does Not Mean Employer Had Just Cause to Terminate: Hearing officer agreed that an employee who used the F word, but was responding to the supervisor's use of profanity, was terminated without just cause.  (Unemployment Appeal Won 3/6/2017)

 

Employer Lacked Just Cause to Terminate for Attendance: Employer's policy provided discipline steps for attendance, including termination after the 6th occurrence.  It was shown that Employer did not follow its policy, terminating after the 5th occurrence and with only one prior warning.  (Unemployment Appeal Won 3/3/2017)

 

2nd Lifetime OVI Charge with Refusal Dismissed:  Obtained a dismissal of an OVI despite a prior OVI conviction, and despite a refusal, after strategic discussions regarding weaknesses in the State's case led the prosecutor to agree to a reduced reckless op.  (Huron Muni. 2/28/2017)

 

 Employer Failed to Follow Its Progressive Discipline Policy: Employer who skipped several steps of its progressive discipline policy lacked just cause to terminate because employee had reasonable expectation that employer would follow its own policy. (Unemployment Appeal Won 2/28/2017)

 

OVI Charges Dismissed: Obtained a dismissal of an OVI, protecting our client from a record, suspension and jail time.  Our client was happy  we obtained a reduced reckless op plea, protecting their medical career.  (Shaker Heights Muni. 2/27/2017)

 

Suppression Motion Leads to OVI Dismissal: After filing a suppression motion, an agreement was reached to dismiss OVI charges in exchange for a reckless op plea - avoiding any jail time.  (Ottawa Muni. 2/24/2017)

 

Employer Failed to Show Rule Violation:  Employee was accused of misusing a phone at work, but we showed that she was merely listening to music, which the employer permitted.  (Unemployment Appeal Won 2/14/2017)

 

Employer's Skipping of Progressive Discipline Steps Was Unwarranted: Employer failed to present justification for skipping a step of its own discipline policy, so employee found eligible for compensation.  (Unemployment Appeal Won 2/8/2017)

 

OVI Charges Dismissed: Obtained a dismissal of OVI charges for a client who also had a record of prior charges in exchange for an agreement to a plea of physical control.  (Ottawa County Muni. 1/24/2017)

 

Employer Lacked Just Cause to Terminate:  Hearing Officer approved client for unemployment, persuaded that the employer lacked just cause to terminate for sending emails during work.  The Hearing Officer concluded that the employer did not persuade him that an actual violation of policy occurred.  (Unemployment Appeal Won 1/23/2017)

 

OVI Charges Dismissed: Persuaded court to agree to dismiss OVI and other charges, protecting the client from fines, penalties, and a CDL disqualification, in exchange for an agreement to plea to a non-moving charge. (Vermilion Muni. 12/27/2016)

 

Employer Lacked Just Cause to Terminate: Convinced the Hearing Officer that the employer lacked evidence of wrongdoing of a medical employee despite some complaints from other workers.  (Unemployment Appeal Won 12/27/2016)

 

Employer Failed to Train:  Hearing Officer agreed that the employee was eligible because the employer lacked just cause to terminate.  The Employer knew when it hired the employee that she would need training to perform her job, it failed to provide training, and then it terminated her unjustly for not being able to perform her job as desired. (Unemployment Appeal Won 12/27/2016)

 

Employee Misclassified as 1099 Contractor:  Obtained unemployment compensation for an employee who had been paid as a 1099 independent contractor, but should have been classified as and paid as an employee subject to unemployment compensation. (Unemployment Appeal Won 12/21/2016)

 

 

 

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Updated December 2017

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Ohio State Bar Association - OSBA
Ohio Employment Lawyers Association - OELA
American Association of Premier DUI Attorneys
Parma Bar Association
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
National College for DUI Defense
DUI Defense Lawyers Association
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA
DUI Defense Lawyers Association
American Association of Premier DUI Attorneys
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
West Shore Bar Association - WSBA
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Superb Litigation Attorneys
American Association of Premier DUI Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Ohio State Bar Association - OSBA
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Superb Litigation Attorneys
Clients Choice Criminal Defense Attorneys
American Association of Premier DUI Attorneys
Parma Bar Association
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys