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Why was Kim Davis put in Jail?

By | October 6th, 2015|Divorce|

On June 26th of this year the Supreme Court of the United States issued a ruling in the case of Obergefell vs. Hodges, determining that any law which prohibits same-sex marriage is unconstitutional, violating the due process clause of the Fifth and Fourteenth Amendments and the body of the Fourteenth Amendment, which states, "No State [...]

Does Your Estate Plan Match Your Social Media Relationship Status?

By | September 1st, 2015|Estate Planning|

Most of us are pretty good about changing our relationship status on social media such as Facebook when significant changes take place in the relationships in our lives, but we aren't as good about making sure our estate planning documents are updated to match significant changes in our lives. The laws which govern the distribution [...]

When May a Court Award Retroactive Child support/Birthing Expenses?

By | February 10th, 2015|Family law|

Under ORC 3111.13, once paternity is established a court may require a parent to pay retroactive support by determining all relevant factors, including, but not limited to, any monetary contribution either parent of the child made to the support of the child prior to the court issuing the order requiring the parent to pay current [...]

Discriminating In a Religious Workplace

By | February 3rd, 2015|Employment Law|

Religious institutions may receive exemption from Title VII under the "ministerial exception." The United States Supreme Court has held that the First Amendment protects religious institutions' decisions regarding their religious leaders. Hosanna-Tabor, 132 S.Ct. 694. Thus, religious employers can make employment decisions based on religion, gender, and other protected classes that would land a non-religious [...]

What If My Faith Conflicts With My Job?

By | January 29th, 2015|Employment Law|

Different religions do not always conform to the same work schedule or attire. Employers may need to make accommodations to meet the religious needs of an employee. If an employer fails to make reasonable accommodations and punishes an employee for practicing his or her faith, the employer may be liable. In order to bring a [...]

Collection on a Judgment

By | January 27th, 2015|Bankruptcy|

So you got sued by someone and they won. What can they do to turn their judgment into money? There are several ways a creditor can collect on a judgment they have won against you in a court decision. Here are two examples: 1. Wage Garnishments- Your employer may withhold some of your wages if [...]

Can an Employer ake an employee sign a non-compete agreement after years of employment?

By | January 22nd, 2015|Employment Law|

Employers may decide to circulate non-compete agreements at any point in their employees' careers. Non-compete agreements are contracts like any other. They are enforced when there is mutual assent and consideration. Douglas Thompson, 2001-Ohio-2452, 01-LW-1197, 00CA8. Thus, employers must exchange something more than their current obligations to enforce a non-compete agreement. However, when an employee [...]

Is a memorized customer list considered a trade secret?

By | January 20th, 2015|Employment Law|

The answer to this question is awkward. A memorized customer list is a trade secret if it is a trade secret. Confused yet? In 2008, the Ohio Supreme Court addressed whether memorized lists are trade secrets, and it determined that they are if the lists qualify as trade secrets under the statutory guidelines codified in [...]

Where Should You File Your Discrimination Claim?

By | December 30th, 2014|Employment Law|

Both federal law and state law protects employees from discrimination. Federal laws include Title VII, the ADA, and the ADEA to protect against discrimination on the basis of race, gender, national origin, age, and disability. Ohio's ORC § 4112 protects the same classes. How do employees choose where to avail themselves? It depends where an [...]

Divorce and Social Security

By | December 23rd, 2014|Divorce|

Approximately 50% of marriages end in divorce. Divorce can affect many aspects of a person's life. One aspect that most people do not even consider is their social security benefits. A divorced spouse can receive up to 50% of their ex-spouse's social security benefit. According to the Social Security Administration, if you have not applied [...]