Tag Archive: employment

If you’ve been in some sort of accident, whether it’s a work injury, a car accident or an incident at someone else’s business, you might have to spend time in a hospital or at home in bed, unable to work. When you’re not working, that means you can’t earn money, creating a financial hardship in addition to the physical one. Fears Nachawati is an Austin...

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When employees use company cars or trucks and then get into traffic accidents, what’s the corporate liability in that situation? In other words, is the employer liable, as well as the driver? If you’ve been in an accident with someone driving an employer’s car, that’s the question you want answered – who’s liable when an employee causes a vehicular accident while they’re working? The answer:...

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Recent changes in government policy have enabled certain individuals who came to the United States when they were children and who meet several key requirements to apply for deferred action. While not a form of lawful status, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action (a renewable period of 2 years), provided he or...

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Other Crimes

May 10, 2017

Juvenile Crimes Despite some common misconceptions criminal matters involving juveniles are quite serious and a juvenile conviction can impact a young person’s life well into adulthood. In certain instances the prosecuting attorney may choose to try a juvenile as an adult or attempt to obtain a conviction that will remain on a juvenile’s record even after they have reached the age of majority. Criminal cases...

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Criminal history records can have a major impact on your ability to find employment, obtain a professional license or gain admission to an institution of higher learning. In some instances you may be entitled to have your criminal records closed off from public view. With our knowledge and experience in the area of expungement and non-disclosure law we can assist you in removing these roadblocks...

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Theft & Fraud

May 10, 2017

Theft and fraud are considered crimes of dishonesty. As such they are often looked upon with greater disfavor than other offenses in the same range of punishment. Further, individuals with careers in the retail or service industry may encounter a disproportionate level of difficulty gaining employment in these fields with a theft or fraud conviction on their record. Our law firm is experienced in defending...

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Fears | Nachawati Law Firm is proud to announce that founding partner Majed Nachawati has been reappointed to the Board of Directors of The Public Justice Foundation. Public Justice’s mission as a non-profit organization and public interest law firm is to pursue high impact lawsuits to combat social and economic injustice, protect the sustainability of the Earth, and challenge predatory conduct and government abuses. The...

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Non-Compete Agreements

May 20, 2016

Non-compete agreements are popular mechanisms to restrain competition of both current and former employees and can be effective documents to obtain an employee’s pledge of loyalty and commitment to the company. Employers wishing to prevent their employees from working for a direct competitor during and after the term of employment may draft these agreements in an overly broad manner to deter employees from taking competing...

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One of the more common adverse actions experienced by employees are violations of the Americans with Disabilities Act of 1990. Because of the broad and inclusive nature of this act, a necessary step in protecting the vast range of disabilities an employee may have, it can sometimes be hard to fully interpret and know when one has become the victim of discrimination as outlined in...

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One common issue amongst people who find themselves in a bad work environment is a pervasive misunderstanding of what statutory qualifications must be met to be the victim of discriminatory employment practices, at least according the Civil Rights Act. This is not saying that discrimination cannot come in many forms, but it must be taken into account that there are numerous laws and acts that...

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It is a disturbing reality that some protected classes of employees will find themselves in a discriminatory or harassing situation at some point in their career.  Even more distressing is that the offender may even be a supervisor or manager.  Fortunately, we as a society have gone to great lengths combating bias in the workplace in the effort to create an equal and fair environment....

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You’ve waited patiently for several months and the big day has finally arrived – you are going to your naturalization eligibility interview.  Here’s what you can expect and what you can do to be best prepared: Questions about your application and background – be very familiar with the contents of your application. Update the interviewer of any changes in your application such as additional travel...

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Understanding Advance Parole

February 27, 2016

“Is it ok for me to travel outside the United States?” A frequently asked question by clients is whether it is safe to travel outside the United States while an application for adjustment of status is pending.  The answer is no, not without advance permission from the government in the form of an advance parole document.  If an adjustment applicant leaves the country without obtaining...

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“I live in Mexico but travel regularly to the U.S. to work for a U.S. employer” States such as Texas which have a border with a contiguous territory of the United States see a higher incidence of lawful permanent residents living in Mexico but commuting to work in the United States. You may wonder how this is even possible given the significant amount of regulation...

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“I live overseas with my intending immigrant relative” A relatively uncommon but nonetheless important situation arises where the petitioner in a family-based immigrant visa application resides overseas with the beneficiary. In order for the petitioner’s affidavit of support to be accepted by the U.S. Department of State, the petitioner must demonstrate a U.S. domicile or establish a U.S. domicile prior to the beneficiary’s admission to...

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“I recently took a trip longer than 6 months but I want to apply for my citizenship” The continuous residence and physical presence requirements for naturalization are frequently encountered legal issues in citizenship proceedings. Applicants are required to show that they have resided continuously in the U.S. for 5 years prior to applying and were physically present in the U.S. for 30 months within the...

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“My spouse entered the country illegally and has remained here ever since…” The Provisional Unlawful Presence Waiver is a valuable tool for the immediate relatives of U.S. citizens present in the country without status. To be eligible for the waiver, an applicant must be at least 17 years of age, physically present in the United States, and be the beneficiary of an approved I-130 immediate...

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Despite the best of intentions, not all marriages last forever. If you recently obtained your two-year conditional green card through marriage, you might think that a divorce would make it impossible to maintain your permanent resident status. In the ninety-day period before expiration of a conditional green card, all conditional residents must submit Form I-751, Petition to Remove the Conditions of Residence, to transition to...

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Immigration attorneys are frequently asked by clients how long it will take to obtain a green card. In the United States, this depends on several factors: whether the applicant is proceeding via a family or employment petition, the applicant’s relationship to the petitioner if the petition is family-based, the particular employment-based visa the applicant is approved for if the petition is employment-based, and the applicant’s...

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A common question that arises when a client seeks an occupational driver’s license is “do I have to be working to get one?”  In many circumstances the answer is “no.”  This scenario typically comes up in the case of a stay-at-home parent or a person who is currently out of work and is seeking a job. In these situations we simply state in the occupational...

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Jobless Rates Hit 5.1%

April 4, 2008

According to The Houston Chronicle, employers slashed 80,000 jobs in March, the most in five years and the third straight month of losses. At the same time, the national unemployment rate rose from 4.8 percent to 5.1 percent, the clearest signal yet that the economy might already be shrinking. The new snapshot of the job market, released by the Labor Department today, underscored the damage...

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When she was laid off in February, Patricia Guerrero was making $70,000 a year. Weeks later, with bills piling up and in need of food for her family, this middle-class mother did something she never thought she would do: She went to a food bank.  It was Good Friday, and a woman helping her offered to pay her utility bill. “It brought tears to my...

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