Migrating abroad is a complicated process that involves many legal formalities, clearance steps and documents. It’s the same for moving to the USA. The issue is, one of the more complex areas of law in the Us is the immigration law. This law is revised every so often, whenever there is a change in international and national circumstances. To avoid any trouble and have your application going quickly through the bureaucracy, you ought to use a experienced immigration lawyer.
Selecting the best immigration lawyer is a crucial decision that may be the difference between approval and rejection of your immigration application. As you examine the accessible options, invest the effort and time to research carefully and do your very best to decide on the best lawyer to positively solve your case. Immigration attorneys
Experience is the ideal tool a lawyer can have when confronted with challenging cases. Hiring an experienced immigration attorney suggests you will be getting an attorney that comprehends the immigration process and its complexities.
The quality of an experienced immigration lawyer is that he will indicate the negatives and the good things. Your lawyer ought to be objective and provide you with an honest evaluation of your situation.
Selecting an immigration lawyer who’s going to be meticulous, diligent and makes sure all documents are in order is the correct move to make. Choose a lawyer that can be accessed easily and communicates well. Immigration attorneys
Accidents happen every day to different people and from an assortment of causes. Usually serious accidents are the effect of some people’s negligence, irresponsibility, and recklessness. It is due to this that a number of people experience a serious personal injury. It is justified that a proper compensation be given to victims of serious personal injuries especially if the accident was not their fault. Personal injury law firm
However, the moments succeeding an accident like a personal injury can be somehow be overwhelming and confusing that most victims tend to forget what to do right after a serious personal injury. In order to know what you have to do if a serious personal injury occurs because of someone else’s wrongdoing or negligence, it would be helpful to keep in mind some helpful tips and advice.
Things to do while at the scene of the incident:
Check for those who may need immediate medical attention.
Immediately check if anyone may be in need of medical attention. Check the people you are with and check the people from the other party involved. Do not let your emotions get over you. Manage your temper and do not get emotional. Do not talk to them about anything yet. Ensure first if everyone is in good condition.
Call for medical assistance and call the police.
It is important to call both the medical assistance team or the paramedics and the police if an accident happens. Paramedics will be able to provide first aid especially for those people who may need immediate medical attention.
Do not attempt to provide first aid or move anyone unless you are qualified to do so.
While waiting for the paramedics and the police and someone in either party is injured, do attempt to move them. Do not attempt to provide first aid unless you are qualified to do so. If an injured person is moved by unqualified people, the injury may just worsen or may even lead to paralysis.
Take some photos at the scene of the accident.
If you have a camera or camera phone with you, make sure to take pictures at the scene of the crime. Everything vital should be recorded and taken pictures of. However, keep in mind not to move anything. Also, make sure that everyone is safe first before taking pictures. The priority still lies in ensuring that everyone is safe before anything else. If this is an automobile accident, make sure to take clear photos of the involved vehicles’ plate numbers, street signs, skid marks, damages, and other things, which you may find relevant. Make a backup copy of these pictures these will be useful if you need to file personal injury claims in the future.
Politely inform the other parties involved to wait for the police to arrive at the scene and make their written report about the accident.
Some people would just want you to have their contact and insurance information and then leave. Do not allow this to happen. Courteously insist that they wait until the police arrive and everything is recorded. It is very important that everyone waits until the police reach the accident area since they will need to inspect the scene and the vehicles, see the position of the vehicles, and many other things necessary for their report. If still the other party leaves, make sure that you have their licensed plate number as well as the description of the people.
Collect the contact information of the witnesses.
Take responsibility in getting the contact information of the witnesses. Contact information would include names, phone numbers, addresses, and the likes. The statements of these witnesses can make a difference in your personal injury case.
Once the police reach the accident scene, tell them everything that happened.
When the police arrive, tell them everything that had happened. Tell them the truth. Avoid exaggerations and do not lie.
Things to do after the accident:
Always seek medical attention.
When involved in a personal injury, you have to always seek for medical attention. This is your top priority. Even if you think you feel okay and nothing seems to be wrong, you still have to visit a physician. Some injuries are not readily seen. Sometimes symptoms manifest in a few days, weeks, or months after the incident. A physician will be able to help you know what to observe and what to avoid doing until it is thoroughly confirmed that you are already well or until proper treatment is done.
Go to your family doctor or any treating physician available near you. Once you get hold of a physician, inform him or her of the personal injury accident that happened. Inform him or her as well as about any symptom that you are feeling and have the physician record this in the medical record. Get the contact information of the hospital you visited and the name and contact information of the physicians that have examined or treated you. Record the dates that you visited the hospital as well. Again, this will be needed in case you will be filing personal injury claims.
Prepare the information and documents needed for your personal injury claim.
Before filing a personal injury claim or contacting a personal injury lawyer, you have to ensure that you have all the information and documents. Have everything ready and make sure to make copies for reference.
Get assistance from a personal injury lawyer.
You should not handle your case alone, especially if it is a serious personal injury. You have to seek the assistance and guidance of a personal injury lawyer. Personal injury lawyers are expert in handling personal injury claims and cases. These people will be able to help you in your case while you help yourself recover. Personal injury lawyers can take many legal tasks off your shoulders so you can just focus more in recovering. Contact one as soon as possible.
Keep a notebook tracker.
Victims of serious personal injury cases should always keep track of everything that happens. Get yourself a notebook and use it just like a diary or journal beginning from what happened in the accident up to the present. Track everything no matter how small they are. Track down all of the physical complaints, problems, or issues that you are feeling. List down all the medical visits that you made as well as the tests and examinations done. Make a detailed note of the telephone conversations that you will have to people related to the accident. It may not be an exact transcription, but make sure that a good summary of the conversation is noted. Note down the person’s name, phone number, and the date and time of the call. Track down the dates that you missed work because of the injury or accident. List down the expenses you shelled out related to the accident.
Funny videos are the most likely of all types of video to go viral. Whether it’s cats playing with dogs, an inebriated college student relating the duel between of Alexander Hamilton and Aaron Burr, or children reenacting scenes from inappropriately themed movies, funny videos traverse cyberspace faster than a hot knife goes through butter. Given their popularity, wouldn’t it make sense for lawyers to try and use funny attorney videos to attract clients? Not necessarily. The legal profession is a serious one, and for good reason: for some clients, it’s literally a matter of life and death. In order to maintain the propriety and professionalism that lawyers need to have in order to do their job, they have to stay within limits of how lawyers are expected to act; otherwise, they will not be seen as “real” lawyers by the viewers, and could actually undercut their branding through their videos. The bottom line is, it’s highly unlikely that any attorney videos, facing these restrictions, will go viral—unless it’s for the wrong reasons. That being said, humor can certainly be an effective tool for lawyers to use in their videos. Here are some tips when considering whether to use humor in your attorney videos.
- Would it offend any of my current clients? Different types of attorneys have different client bases, and what one group might find hilarious, another might find deeply offensive. Knowing who your prospective clients are will help you decide whether what you’re planning is likely to ruffle any feathers.
- Get feedback. If you’re planning on doing the entire attorney video yourself, from writing the script to acting it out, to filming yourself, then you absolutely need to test it out to make sure that it’s genuinely funny before sharing it with the public. Run the concept by people whose opinions you trust, and then show them the finished product. Even if you’ve got a team of people with whom your working, getting some early feedback can help you refine your video.
- Don’t make yourself the butt of the joke. Yes, you’re trying to display your sense of humor, and a tempting tactic is to make fun of yourself; however, your true goal is to convince viewers that you will be an effective advocate on their behalf. If those two goals come into conflict, then you’ve got a problem.
- Make the humor work for you. For example, a recent series of advertisements from a New York personal injury law firm poke fun at the perception that trial lawyers will take any kind of case—and make it clear through humor that they are not one of them. In one video, an actor discusses with tears in his eyes how a power outage interrupted the best video game he’d ever had. After he finishes his anecdote, the firm’s new tag line appears on the bottom of the screen: “There are some cases even we can’t win.” In one deft move, the firm elevates itself above its competitors and makes itself seem both selective and trustworthy: two features every client wants in his or her law firm.
Independent contractors exist in virtually every type of workplace, large and small, blue collar and professional. The federal Bureau of Labor Statistics estimates that more than ten million people work as independent contractors in occupations ranging from farming to computer technology to upper level management. Contractors go by any one of a number of names—consultants, freelancers, the self-employed, entrepreneurs, and business owners—but they all have two common traits: They are in business for themselves, and they don’t rely on a single employer for their livelihood. A business that is hiring an independent contractor must ensure that it complies with the employment law. An experienced employment attorney can review the employment conditions to ensure that the appointment of the independent contractor does not violate the law.
Hiring independent contractors can be a smart, cost-effective alternative to taking on employees. They can add a lot of flexibility and expertise to a company’s workforce without the financial and legal burdens of hiring employees. Seek the assistance of an experienced employment attorney.
Using independent contractors does have some drawbacks, however. The biggest potential problem is that numerous federal and state government agencies keep a close watch on any employer who uses independent contractors. These agencies want to make sure employers aren’t taking advantage of workers (and skipping out on their tax obligations) by calling them independent contractors when they should really be classified as employees. Companies that try to get the benefits of the arrangement without following the rules can end up in legal trouble. Hiring the services of an experienced employment attorney is a way of ensuring that your business does not end up in legal trouble.
Because companies don’t have to pay taxes or provide benefits (such as health insurance) for independent contractors, it can be less expensive to use them. Using independent contractors also gives a company flexibility and reduces its exposure to certain kinds of lawsuits. A company does not have the same right to control independent contractors as it does with its employees, nor can a company demand or expect the same type of loyalty from independent contractors. In addition, independent contractors can sue your company if they are injured while working for you, while employees cannot. An experienced employment attorney can defend such lawsuits against the company.
Your company can greatly reduce the chances of a worker being reclassified as an employee by requiring the worker to fill out an independent contractor questionnaire, provide copies of business licenses, and sign a written independent contractor agreement.
With a few exceptions, the law does not require companies to use a written agreement with independent contractors. Still, it’s a good idea to write things down, for a number of reasons. An experienced employment attorney can draft independent contractor agreement for your company.
Unless the work falls into one of nine categories defined by law, the intellectual property rights to any works an independent contractor creates will belong to the independent contractor, not to your company. This is true even if you hired and paid the independent contractor specifically to create the product for your company. But you can use a written contract to ensure that the copyright belongs to your company. Seek the advise of an experienced employment attorney when you are hiring an independent contractor.
The police can stop you on suspicion of DUI in certain circumstances. The police stop should not violate your rights under theUSconstitution. If the stop is unlawful, then any evidence recovered from the subsequent search can be suppressed at trial. Consult with an experienced DUI attorney. The attorney can review the circumstances of the stop and challenging its legality. If the stop is unlawful, an experienced DUI attorney will seek to exclude the evidence recovered from the subsequent search. The circumstances of the traffic stop and the subsequent search or arrest will determine if the actions of the police officer are lawful or violate your rights under theUSconstitution.
You can only be lawfully stopped and searched for DUI if the police officer has reasonable suspicion that you are intoxicated. The totality of the circumstances will play an important role in determining what is reasonable. The police officer must have a specific and unbiased opinion that you are driving while intoxicated. If the circumstances reasonably suggest that you are driving while intoxicated, the police officer can lawfully stop you. For example, if the police officer observes you to be driving erratically or severing from one lane to another, it will give him or her reasonable grounds to suspect that you are intoxicated. In such cases, the stop will be lawful. If you have been charged with DUI, consult with an experienced DUI attorney. The attorney can review your case to determine if the DUI stop was lawful.
If you have been stopped for DUI, the police officer has a limited right to conduct a search of your vehicle. If during the search he or she finds evidence of DUI such as an open beer bottle, he or she can seize the evidence. The police officer will not require a warrant to seize such evidence. This right to conduct the search is limited by your constitutional protection against unreasonable search and seizure. The exact circumstances of your case will determine whether the search and seizure is reasonable. An experienced DUI attorney can review the circumstances of the search and determine the legality of the search and the subsequent seizure.
If the stop is lawful, the police officer can use a flashlight to search the passenger compartment. If the officer finds any evidence in plain sight, he or she can seize the evidence. The police officer can order you to come out of the car. If the police office has reasonable suspicion that you are armed and dangerous, he or she may frisk you. Once you are out of the vehicle, the police officer can ask you to take a sobriety test. You can refuse the sobriety test. These tests are so designed that most people fail this test. When you fail the sobriety test, the police officer will have a probable cause to arrest you for DUI. If the police officer asks you to take a breath analyzer test, you should not refuse the test. If you do, the police officer will have reasonable cause to detain you and subject you to a blood test.
By now, you’ve probably already made a decision about whether to create profiles on social media websites for your law firm, and if you haven’t jumped on the bandwagon yet, you likely will soon. After all, websites like Facebook can be a fertile ground for new legal business. However, even if you have social media profiles, you may not be maximizing their full potential. There are a number of resources available to help you market your firm, and one in particular is worth highlighting: uploading your lawyer videos to social media websites.
Why should my law firm’s profile include lawyer videos?
Social media websites are all about making connections, and one of the fastest way to do that to potential clients is by sharing a video. In just a minute or two, prospects will know who you are and what your firm is about. Videos allow you to make a personal connection to prospective clients—or as close as you can get without meeting them in person. As importantly, you’ll be building awareness of your firm among your network, and making it more likely that when a friend of a friend of a friend needs a lawyer, they turn to you first, instead of winding up at the website of one of your competitors by way of a Google search.
What should my videos be about?
For starters, your lawyer videos on social media websites should include one introductory video, in which you describe yourself and your firm—your background, that of your firm, and the type of law you practice. Depending on how comfortable you are in front of the camera, you may also want to make a variety of videos, including informational videos that your network of contacts may find relevant, “blog”-type videos in which you give your professional opinion on contemporary legal issues, and commercial videos, in which you advertise your professional services. Some lawyers are hesitant to market themselves too aggressively; if you’re one of them, then you might not want to include commercial videos. That’s absolutely fine; there are no hard and fast rules when it comes to social media videos, and remember: the main purpose of your videos is to raise awareness of your firms. You can do that without sharing commercial videos.
What tone should our lawyer videos take?
The ever-changing landscape of these websites makes it difficult for most law firms to know how best to present themselves: somber and professional, energetic and lively, professional but self-deprecating? While it may be tempting to try and deliver a hip, cutting edge video with “viral” potential, chances are, it’s not going to happen—and if it does, it won’t necessarily generate the leads you want. The safest bet is to make your lawyer videos on social media websites match the tone and culture of your firm. Most media-savvy consumers can detect phoniness from a mile away, and even if you succeed in attracting new clients, they will likely notice the disconnect. That is not to say, however, that you can’t use humor to make your point in your video: just make sure it’s your kind of humor—and that of your firm.
By using lawyer videos on social media websites, you can better utilize your professional network, provide valuable information to potential clients, and raise awareness of your firm.
The type of work your company does will also dictate how much contact you have with unions, which are more common in certain industries than others. For instance, there are more union workers in government than in private industry, where union membership is concentrated heavily in the fields of transportation, utilities, manufacturing, and construction. If there is a union (or more than one) in your workplace—or even if workers at your company are just interested in forming one—a special set of rules comes into play. Federal and state labor laws dictate how management (including you) must deal with unions, as well as what rules can be imposed on workers. An experienced employment attorney can advice a business on the Federal and state labor laws that deal with the unions.
Some workers are excluded from the National Labor Relations Act (NLRA)—the set of federal laws that governs union issues. These workers include agricultural workers, domestic servants, those employed by a parent or spouse, and independent contractors, as well as managers and supervisors.
An employer can recognize a union as the bargaining representative of its employees only if the union has the support of a majority of workers in the “bargaining unit”—a group of employees who do similar types of work and have common concerns about wages, hours, and working conditions. Even if the union can show that a majority of workers signed union authorization cards (statements indicating that the workers want a union to represent them), the employer can refuse to recognize the union, at least under current law. Then, the union will have to ask for a secret election to prove its support. Businesses should seek the advice of an experienced employment attorney before deciding on whether or not they should recognize a union.
During an election campaign—the period of time between when the union asks for an election and when the election is actually held—management representatives have to watch their mouths. Employers and managers may voice their opinions about the union but cannot punish union supporters, threaten employees who support the union, make promises to workers if they vote against the union, spy on union activities, or ask workers about the union in a coercive manner.
An employer may prohibit workers from talking about union matters on work time, but only if it prohibits them from talking about other nonwork issues as well. The company can also prohibit workers from holding union discussions in work areas, even during nonwork hours, but only if this rule applies across the board to all nonwork topics. But the company cannot prohibit workers from talking about the union while off the clock in nonwork areas—like a lunch room or locker area. Before taking any such decision, an employer must consult with an experienced employment attorney.
There are two kinds of legal strikes: strikes to gain economic concessions from the employer and strikes to protest an employer’s unfair labor practice. And even one of these two types of strikes might be illegal if it violates a no-strike provision in the collective bargaining agreement, or if the striking workers engage in serious misconduct.
If you’ve decided to create lawyer videos, then you’ll need video editing software and tools. There are a variety of solid software programs out there, ranging from complex to simple, and professional quality to decidedly amateur. How serious you plan to get about editing and what your budget is will determine what kind of program you should purchase. Many of these software programs provide free trial versions so that you can test drive them, and there are even a handful of decent free software options available. Here’s a run down of some of the more popular versions, their notable features, and their costs.
Low-Maintenance Editing If all you need to do is splice digital film together, include a few basic transitions, and add an introduction to your video, then free lawyer editing software such as Picasa or Windows Live Movie Maker will do the trick. They’re simple to use, and make it easy for you to upload videos. However, they won’t include any sophisticated filters or overlays, and Picasa’s primary function is as a photo organizer. Apple iMovie is another free option; however, it can’t produce HD video output.
Moderate Editing If you’re a lawyer who’s willing to invest some time and money into the process but don’t want to have to learn the ins and outs of professional video editing software, then there are a handful of products that fit the bill. Adobe Premiere Elements is a sophisticated program that includes features such as auto shake correction (for when the quality of video is diminished by unsteady hands), face recognition, and auto-following text bubbles. It currently retails for $99.
CyberLink PowerDirect (also $99) has similar capabilities and runs faster than Adobe Premier Elements; however, it’s a more challenging program to learn, with some less-than-intuitive controls. Other video editing tools in the same price range and with a comparable array of features are Pinnacle Studio Ultimate and Nero Vision Xtra.
Professional Editing If you plan on putting together sophisticated lawyer videos, then you’ll need sophisticated—and expensive—video editing software. Adobe’s Premier Pro CS5 is high-end video editing software, including graphics hardware acceleration, which speeds up video processing times, and a number of refined features such as multiple project panels, multiple nestable timelines, and multicam editing. Premier Pro CS5 retails for $799. Apple’s Final Cut Studio costs $999, and is considered the industry standard, with professional quality audio editing capabilities, as well as animation.
Keep in mind that with professional editing software, you’ll need to have a highly advanced computer in order to even run it, much less run it efficiently. Be sure to check the hardware specifications before purchasing your lawyer editing software.
Chances are, the more you edit your lawyer videos, the more perfectionist you’ll get about the process. If during the course of learning how to edit videos, you find yourself frustrated by your software’s lack of features, then it’s time for you to upgrade. If, on the other hand, you find yourself frustrated by the complexity of the software’s instructions, then you might think about taking a course in video editing software—especially if you go from 0 to 100 by purchasing professional editing software right out of the gate.
Expungement refers to the removal of police and court records from public inspection. The records are not physically destroyed, but they are sealed and treated as confidential. To expunge your conviction in simple language means to seal or destroy your conviction or criminal records. It is possible to expunge your conviction by law and by inherent judicial authority. In expungement, the court orders the sealing or erasing of the legal record of an arrest or conviction. The record is sealed or erased in the eyes of law. It is like the arrest or conviction never happened.
The eligibility criteria for expungement and the procedure is based on state law. Although there are slight variations, the general eligibility criteria are:
1. You must be a first time offender.
2. A specific period of time must pass between conviction and your request seeking the expungement of that conviction.
3. There should be no pending criminal charges against you at the time of the request.
4. You must have been “rehabilitated”.
You must file a petition in court seeking expungement of all official public records of your arrest and conviction. The petition should be on the standard form which is available at the county court where you were convicted. The petition must contain the following information:
1. Date of arrest, summons or citation
2. The law enforcement agency that took the action
3. The offence charged
4. Your case number
5. Date your case was disposed
If you do not have these details, you can obtain them from the court where your case was tried.
The entire process takes about 90 days. Again this varies from state to state. Once the order has been passed, the custodian of the records must inform you and the court that the order has been complied. This must be done within 60 days from the date of the order. Again this time limit varies from state to state. Make sure that you receive this information. Never assume that your records have been expunged till you receive this information from the custodian. Contact an experienced attorney if you want to expunge your records. The attorney will review your case and let you know if you are eligible.
There are many benefits of having your records expunged including:
1 It will be like the conviction or arrest never happened.
2 Your employment opportunities improve. You can already answer “no” on employment applications.
3 You regain access to many professional licenses.
4 Police cannot use priors to enhance any future charge.
If your request for expungement is successful then it is legally viewed as if the conduct never happened. You will have all privileges and rights restored and you be completely exonerated.
In almost all states, expungment of the records does not result in actual physical destruction of the records. The records are merely sealed and out of bounds for the general public and the law enforcement agencies cannot be used the expunged records to seek enhanced sentencing in any subsequent trial. Many states have laws at allow the sealed records to be re-opened under exceptional circumstances by law enforcement agencies. For example in few states with three strikes law, an expunged conviction will be counted as a conviction under the three strikes law. The expungment petition must be made to the court having jurisdiction over the records unless specifically stated otherwise. Once the record is expunged, you need not disclose the record to anyone. It is like the arrest and the subsequent proceedings never happened. In most states you can apply for expungment only once in your lifetime. Seek the assistance of an experienced attorney if you want to file an expungment petition.
Every business should have some form of insurance or the other. Certain forms of insurance such as workers compensation are required by law. Business insurance defense attorney specialize in defending insurance claims against the business. A business can be subject to many insurance claims. So it is important that your business hires the services of a business insurance defense attorney to fight the insurance claims against your business.
An experienced business insurance defense attorney can defend your business against claims for professional malpractice, labor issues, product liability and various tort liabilities. These claims can run into millions of dollars. Generally an experienced business defense attorney will work with your business and your insurance company. The attorney will review the claim and advise you on your course of action. If the claimant files a lawsuit against your business, the business insurance defense attorney can defend the case against your business.
Most business defense attorneys work with insurance companies. Their main responsibility is to help review the insurance claim made by the policy holder. After scrutinizing the insurance policy, the attorney will advise the insurance company whether or not to make the payment. The attorney will review the terms of the insurance policy and also the obligations of the policy holder before advising the insurance company on the issue of payment.
All business insurance defense attorneys advise their insurance company clients to pay off all valid claims. However some claims are not genuine and made only with the intention of making a quick buck. Many claimants whose claims are denied due to legitimate reasons sometimes are not satisfied with the reasons for denial provided by the insurance company and often file an insurance lawsuit against the insurance company. An experienced business insurance defense attorney can defend the insurance company in such a lawsuit.
If your business is facing an insurance claim, you should immediately consult with an experienced business insurance defense attorney. The attorney will review the claim and advice you on your obligations. Generally the attorney will review your obligations under the insurance policy and if the claim is covered by the insurance policy, the attorney will forward the claim to the insurance policy.
A business insurance defense attorney will be well versed in insurance defense law. Insurance defense law is complex. There are many Federal and state statutes that can affect the legitimacy of an insurance claim. Besides Federal and state statutes, there are numerous court decisions that can also affect the legitimacy of an insurance claim. It is therefore important that you hire the services of an experienced business insurance defense attorney if your business is facing an insurance claim. Interpretation of the complex insurance defense laws requires skill and expertise. If you deny the insurance claim without a legally valid reason you will end up paying damages over and above the insurance claim. Only an experienced business insurance defense attorney will have the skill and expertise required to interpret the complex law of insurance defense. Leave it to the expert – business insurance defense attorney.
Over the years there have been a number of federal and state statutes, laws, court decisions, and administrative regulations that are designed to encourage those who are hiring to make their decisions based on an evaluation of the candidate’s skills and abilities as they relate to the particular job. These laws and statutes address the overriding concern that every person should have an equal opportunity for employment.
Once it has been decided what qualifications are desirable in the ideal candidate for the job, it is important to examine those qualifications and determine if any of them eliminate certain groups or protected classes of possible candidates. If any of the listed qualifications remove a particular group from employment consideration, then a discrimination situation exists.
The Americans with Disabilities Act and most state laws prohibit employers from discriminating against an applicant or employee in hiring, compensation, promotion, or other terms or conditions of employment on account of a person’s disabilities. To make a claim against an employer for unlawful disability discrimination, the applicant or employee must show that he was disabled, qualified for the position he applied for or desired, a nondisabled person was placed in the job, and the disabled person sustained damages as a result of the employer’s decision, such as lost compensation.
The hiring process has a beginning, and similarly it needs an ending. When a job offer is extended, it may be conditioned upon the successful completion of a specified event, such as a drug or alcohol examination. However, whatever the condition, it must be job-related, applied uniformly and consistently, and not solicit protected information. Upon successful completion of the specified condition and the applicant accepts the job offer, the hiring process is ended. If no employment offer is extended or the applicant fails to satisfy the specific condition, the employer should inform the applicant of the true reason(s) for not being offered the job. Failure to close this circle or provide an honest explanation for not hiring the person may leave the employer exposed to a claim of unlawful employment discrimination, tarnished reputation, or unfounded rumors, none of which enhances the employer’s reputation or is inviting for future candidates.
The Civil Rights Act of 1991 provides the right to women, persons with disabilities, and persons who are religious minorities to have a jury trial and to sue for punitive damages if they can prove that they were victims of intentional hiring or workplace discrimination. The law covers establishments with fifteen or more employees. Prior to the passage of this law, jury trial and punitive damages were not permitted, except in intentional discrimination lawsuits involving racial discrimination. Based on the size of the employing business, this law places a cap on the amount of damages a victim of intentional, nonracial discrimination can seek.
Current legislation makes it unlawful for employers of four or more employees to discriminate in hiring, firing, or recruiting on the basis of national origin or citizenship status.
If your business is in the process of hiring employees, consult with an experienced business attorney on how to avoid discrimination in hiring.