Professionals of diverse backgrounds attended the event, keen on understanding how they can protect their rights under federal and state law in a precarious economic environment.  The event included a powerpoint presentation distilling critical and timely information on the categories and elements of discrimination, what behavior violates the law, and how severance agreements should be understood.  The event was followed by a lengthy and insightful Q&A session.

Look out for SLF’s next seminar.  A copy of the presentation can be found here.

The SARDAR LAW FIRM offers strategic advise on the drafting, review and implementation of all standard handbook and employment policies related to:

• Nature of Employment
• Harassment and Discrimination
• Compensation
• Performance Management
• Time Off
• Employee Benefits
• On-the-Job Rules
• Confidentiality/Employer Property
• Business Conduct and Ethics
• Dismissal and Severance

Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

Our attorneys will work with you directly to explore a full range of options in addressing an employment discrimination issue. It is this personalized service and our corporate experience in these matters which allows us to effectively advocate our clients’ interests in the negotiation and litigation of employment discrimination matters.

What is a protected Class?

Discrimination can be based on sex, sexual orientation, race, color, national origin, religion, age, disability, marital status, or protected categories under applicable law.

When do I have a Claim?

A typical employment discrimination claim arises from failure to hire, termination, demotion, failure to promote, discipline, reduction of pay or benefits, significant change or reduction of duties.

Remember: It is illegal for an employer to retaliate or take any adverse employment action against an employee who complains about discrimination or who participates in a discrimination investigation.

We understand that each client has specialized needs.  Our attorneys work to develop a strategy that works with the individual client, whether that be filing a lawsuit or pursuing negotiations.

Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

Most often, individuals sign the agreement without understanding the critical clauses include therein.  Because such agreements purport to be binding contracts they usually contain clauses terminating, waiving or limiting certain rights of the individual employee.  Some employers may attempt to may impose obligations on employees that may be burdensome or contrary to law.

It is critical for individuals to have counsel review the severance agreement before signing it.  Under certain circumstances, employees may be entitled to more severance than that offered by the employer.

Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

Our attorneys will work with you directly to explore a full range of options in resolving your dispute. It is this personalized service and our corporate experience in these matters which allows us to effectively advocate our clients’ interests sexual harassment disputes.  We are attorneys that have experience working within the corporate structures, allowing us to better evaluate your claim.

We understand that each client has specialized needs.  Our attorneys work to develop a strategy that works with the individual client, whether that be filing a lawsuit or pursuing negotiations.

Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

• Discrimination and harassment prevention and procedures
• Understanding company policies on avoiding offensive behavior and properly filing complaints with the company
• Employee handbooks and policies

We tailor our seminars based on the specific needs of your business group.

Contact us at 631.838.0178 to set up a consultation, or email us at sardar@sardarlawfirm.com.

Attorneys at Sardar Law Firm can help.  Please contact us at sardar@sardarlawfirm.com or 631.838.0178 for a consultation.

The SARDAR LAW FIRM attorneys advise and represent executives and key employees on the drafting and negotiating employment agreement including:

• Specified Duration Employment Contracts
• Severance Agreements
• Non-Competition Agreements (Restrictive Covenants)
• Non-Solicitation Agreements
• Confidentiality and Proprietary Agreements
• Offer Letters

Please contact us at sardar@sardarlawfirm.com or 631.838.0178 for a consultation. 

Eligibility

Naturalization is the process which an immigrant goes through to become a U.S. Citizen.  There are different naturalization requirements based on specific situations, i.e., some people have to be permanent residents for 5 years and others only have to be permanent residents on the day of the interview. All people seeking to apply for naturalization must be at least 18 years old. You can contact us at Sardar@sardarlawfirm.com or 631.838.0178 for more information or a consultation.

Below is a list of requirements and what they mean.

(1) Living Continuously in United States

Some paths require living “continuously” in the United States for a number of years. That means that while you may have traveled outside the United States, you have not been out of the country for more than 6 months. The time you spend outside of the country does not count toward your required time in the U.S. The exception to that rule is that time military personnel spend in service outside of the United States counts as time spent in the United States.

(2) Good Moral Character

The application for naturalization has many questions regarding crimes. Criminal activity can be a factor in determining that you do not have good moral character. If you have a criminal record which may hurt your chances of becoming a U.S. citizen, it is best to consult an immigration attorney for help with the application process. You can contact us at Sardar@sardarlawfirm.com or 631.838.0178.

(3) English and Civics

All people naturalizing must be able to show they can read, write, and speak basic English. All applicants must also demonstrate knowledge of U.S. history and government. This comes into play during the time of the interview. Our attorneys will help prepare you for this interview.

(4) Attachment to the Constitution

All applicants must claim that they will live by, defend and support the principles stated in the Constitution. Attachment to the constitution is part of the oath.

Application for Naturalization

You must submit the N400 form. The N400 form is the application for naturalization. The form consists of many questions regarding the personal history and criminal record of the applicant. The form will list all necessary documents which are required to be submitted with the application (birth certificate, passport, marriage records, etc.).  It is best to review this form with an attorney. You can contact us at Sardar@sardarlawfirm.com or 631.838.0178 for more information or a consultation.

USCIS Interview

The USCIS will schedule an interview at the USCIS office closest to your residence. During the interview, your ability to read, write, and speak English will be tested, as well as your knowledge of U.S. history and government (also known as civics).  Our firm will work with you to help you prepare for this interview. You can contact us at Sardar@sardarlawfirm.com or 631.838.0178 for more information or a consultation.

Oath of Citizenship

If you are approved for naturalization after your interview, you will then have to take an oath in order to complete the naturalization process. The oath declares your allegiance to the United States and your support of the United States constitution. The oath can be taken at the USCIS office or at a special ceremony with others becoming U.S. citizens at the same time.

The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Employer Requirements:

• The job offer must be in a specialty occupation such as architecture, engineering, mathematics, etc.
• There are criteria for wages offered and the actual job performed
• No U.S. citizen or resident must be available for the job
• The petition must be submitted by the company (not the employee)

Employee Requirements:

• A Bachelor degree
• Specialized skill
• Speak and read English

H-1B Visa restrictions and limits:

• 65,000 visas are issued every year
• Over 130,000 applications were received during 2008
• H-1B visas are issued for a maximum of 6 years

Quota Exceptions

Exceptions to the H1B quota include:

(1)   Employment at a university, affiliated non-profit entity, non-profit research organizations, or government research organization;

(2)   Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

(3)   Physicians who obtained a Conrad 20 waiver of the J-1 two-year home residency requirement;

(4)   Extensions of stay for those already on H1B status;

(5)   H1B amendments with the same employer which are not requesting an extension of stay;

(6)   Change of employers by a person already on H1B status; and

(7)   Persons already engaging in H1B employment who are applying to work concurrently/simultaneously for an additional employer while maintaining their current employment.

Critical Aspect of Application is Timing

If the H1B quota is full, the applicant must wait for the next fiscal year to file the H1B which begins on October 1 of every year.  However, the Immigration Department allows fling as early as April 1 of that same year.  If filing for a change of status in the United States, you MUST maintain your status until October 1 (not April 1) to be eligible for a change of status. There may be exceptions for students. Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.

Changing Employers

• AC21 Provision:  this “portability” provision allows H-1B workers to begin working for a new employer as soon as the new employer files an H-1B petition for the worker.  In the past, the worker had to wait for the petition and not on the ultimate approval.

Status of Spouse and Minor Children
A spouse or unmarried child of an H-1B visa holder is entitled to an H-4 visa, and the same length of stay as the principal. The spouse and dependent minor children cannot accept employment, but can attend school in the United States.  Email us at sardar@sardarlawfirm.com or call 631.838.0178 for more information or a consultation.