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Questions Answered by Brian Smith Esq
1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on
Q: What to do with a payroll overpayment ?

I have funds from an employer that should of not of been deposited.

Brian Smith Esq
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Brian Smith Esq
answered on Nov 19, 2018

It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.

1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on
Q: Backgrnd check says open warrant docket says closed w fine due what's correct?

So the court docket dayz case closed background check still shows open warrant who's right?12yrs ol d no license speed

Brian Smith Esq
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Brian Smith Esq
answered on Nov 12, 2018

I cannot say without checking with the court. You may want to contact the court so you can talk to them about this. Or you may want to consult with an attorney for help resolving this. What I can say is that, when a warrant is issued, Ohio courts will mark the case as closed until the warrant is... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: I quit my job. Handbook says we get unused vacation benefits. Do they have to pay?

Employee handbook says "Employees who resign are entitled to receive accrued, unused vacation benefits"

Brian Smith Esq
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Brian Smith Esq
answered on Oct 29, 2018

It certainly sounds as though they would have to pay. Employers are generally held to comply with their vacation policies. A review of the entire policy should be conducted to ensure there are no exceptions.

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer drop your pay by 3 dollars, if you are late to work more than 3 times in 90 days of employment
Brian Smith Esq
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Brian Smith Esq
answered on Oct 29, 2018

More information would be needed to fully evaluate this. The employer must pay you at least minimum wage of course. If you are protected by a contract with a wage rate, or perhaps a union contract, you might be able to challenge this. However, absent a minimum wage violation or contract... Read more »

2 Answers | Asked in Car Accidents for Ohio on
Q: I was involved in an auto accident.

The other party was at fault and the driver is 17 and still in high school. My car is totaled and the insurance payout will not cover buying a similar make/model auto. Am I able to sue for the difference? And if so who do I sue, the 17 year old driver or the parents?

Brian Smith Esq
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Brian Smith Esq
answered on Oct 1, 2015

It sounds as though you could sue. Generally, an attorney would seek to include as many people who may potentially be liable in the suit (e.g., driver, parents, owner of car).

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