There are reasons for employee termination that are legally unacceptable, even in employment at-will jurisdictions.  One of the more obvious is discrimination. Under state and federal statutes, it is unlawful to fire an employee because of his or her gender, race, religion, age (40 or over), or disability.  That is why it is important to conduct and fully document investigations of improper conduct or evaluations of poor work performance and apply uniform employer policies before firing any employee.

Additionally, various whistleblower laws and provisions within other employment laws such as the Occupational Safety and Health Act (OSHA)[TBC1] , make it illegal for an employer to fire an employee for filing a complaint, workers compensation claim, or reporting violations of certain laws and regulations.  Employees who provide evidence or testimony in discrimination investigations relating to other employees are also protected.

Other contract principles can also complicate the employee termination process. In short, despite the legal doctrine of employment at-will, employers must be very careful to protect themselves when terminating an employee, whether it is for poor conduct, unsatisfactory work performance, or general downsizing.

In 2011, the Equal Employment Opportunity Commission (EEOC) the federal agency responsible for administering federal laws against employment discrimination, received nearly 100,000 complaints [TBC1] and required employers to pay over 360 million dollars in compensation to employees and applicants.  This does not include compensation claimants recovered in private lawsuits in state and federal court and does not account for complaints filed in similar state agencies. With allegations of discrimination being so common, it is important for employers to take proactive steps toward protecting themselves.

One easy step employers can take is to maintain uniform policies regarding hiring, firing, discipline, harassment, and other issues.  Following set policies can make management decisions in these areas seem less arbitrary and serve as a defense to allegations that decisions were made based upon discriminatory motives.

While it is impossible to mitigate the risk of discrimination and harassment allegations completely, well-drafted HR policies are good starts.  An experienced Washington, D.C. business attorney can help you and your management team draft clear and unambiguous employee policies and reporting procedures for allegations of harassment and help your business avoid costly and damaging allegations of employee discrimination.

What is the Difference Between PCs and PLLCs?

The main difference between the two types of companies is that a professional corporation may only provide a single professional service. "Professional services" are defined in Washington, DC as any services that require a license to practice legally. PCs tend to be simpler than PLLCs, with fewer procedural issues and more allowances for solo control over business decisions and operations.

By contrast, PLLCs have more rules, but they also allow for a broader diversity of services, products and workers within the company. They tend to be used for businesses with a broader, more expansive scope, and they are necessary if you are planning to provide a service for which there are no Washington, DC licensing requirements. PLLCs also offer more legal protection against malpractice lawsuits.

When it comes to tax purposes, PCs operate like C corporations, for which company net profits are taxed at the corporate tax rate. By contrast, PLLCs are more like S corporations, which tax company profits as personal income of the LLC owners.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.

Taking up a case backed by the WARN Act in a court of law is a rather involved legal procedure, and if you wish to defend against a plaintiff's claim—or if you wish to make a claim yourself—you would benefit from the expert legal counsel of Tobin, O'Connor and Ewing. We can advocate for you and help you to make your case before a judge.

Damages in WARN Act Cases

If a business does not provide proper notification, it will be liable to employees for compensatory pay and benefits for the period of up to 60 days following notification. Furthermore, local governments may sue the business for up to $500 per day of violation.

Determining damages is not always a clear-cut process. If a company documents any sort of compensation to its employees outside of court, it may be able to avoid legal damages. In certain extenuating circumstances such as a natural disaster or other unforeseen situation, the 60-day rule may be waived. Finally, if the business was in the process of seeking capital, it may be able to avoid legal damages for failing to notify its employees.

The burden of proof generally lies with the employer. The employer must always prove that it gave as much notice as possible to employees, or it may be liable for damages even given extenuating circumstances. Good legal counsel is vital for both plaintiffs and defendants to ensure fair representation and results.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.

Types of Work Visas

You do not need a visa of any sort if your business in Washington, DC will take less than 90 days. For business visas exceeding 90 days, you will need to apply for one of the following work visa types.

• B-1 Visa - This business visa allows you to conduct temporary business in the United States. Approved business affairs include consulting with business associates, attending professional conventions, settling estates or negotiating contracts.

• H-1B Visa - This work visa is given to individuals with at least a Bachelor's degree or other equivalent seeking to perform specialty services. H-1B Visa applicants must have the sponsorship of an employer. While HB-1 Visas do not always allow you to apply for a green card, they are often the first step toward lawful immigration and residency.

• K Visa - If you are engaged to be married to an American citizen and wish to work in the United States, you may apply for a K-1 visa for yourself and K-2 visas for children under 18 years of age. K-3 visas may be obtained by fiancées of American citizens who are only seeking temporary employment in the United States.  K visas allow their recipients to apply for U.S. work permits.

• EB-5 Visa - If you invest at least $1 million in the United States economy and create at least ten jobs for U.S. residents or citizens, you may apply for an EB-5 visa to become a permanent working resident in Washington, DC Metro area.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.

What is Breach of Contract in Washington, DC?

Washington, DC contracts—as anywhere—may be oral, written or implied. If any duty or stipulation specified in the contract does not happen, one party may sue the other party for breach of contract. There are legal excuses that may be made in the event of a breach of contract, and, depending on the severity of the breach, the contract may still technically be binding, even if a breach occurs. Furthermore, a breach of contract may not always make the plaintiff eligible for damages of some sort. Quality legal representation can ensure a just, fair result for either side in a breach of contract case.

What Damages Can Be Claimed for Breach of Contract?

Damages claimed by plaintiffs vary widely in Washington, DC. The main point for both plaintiffs and defendants to understand is that contract holders have a legal duty to mitigate damages that occur because of the breach of contract. The damages claimed in court can only be enough to compensate the plaintiff for the loss of money or value resulting from the breach. This includes incidental and consequential damages, which must be calculated and communicated to the party in breach of contract prior to the legal case. Except in very rare cases, no punitive damages result from breach of contract.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.

Contact the law offices of Tobin, O'Connor and Ewing to receive expert advice to help you secure your green card. Acquiring proper legal representation and following correct protocols will go a long way toward ensuring your U.S. citizenship.

Family Green Card Options

Family members of U.S. citizens may be eligible for a green card. Green cards are given to applicants on a preferential basis, and applicants may have to wait for visas to become available. High-preference family members include:

• Immediate relatives of U.S. citizens, defined as spouses, unmarried children under 21 years of age, and parents of citizens over 21 years of age.

Medium-preference family members include:

• Relatives of U.S. citizens, including unmarried children over 21 years of age, married children of any age, and brothers and sisters of citizens over 21 years of age.

Low-preference family members include:

• Abovementioned family members of current green card holders.

Additionally, green cards may be given to K-visa holders, children of foreign diplomats born in the United States, widow(er)s of U.S. citizens or V-class non-immigrants.

Employment Green Card Options

Securing a green card based on employment requires a standing job offer, a significant capital investment, or the filing of a self-petition, which requires the granting of a National Interest Waiver or demonstration of extraordinary ability. This often requires the assistance of a qualified legal representative.

Additionally, certain specialized jobs allow individuals to secure a green card more easily. These include physicians, religious workers, employees of international organizations, broadcasters and certain translators.

Refugee/Asylee Green Card Options

If you are granted asylum in the United States, you will be able to apply for a green card one year after receiving asylum status. If you enter the United States as a refugee or family member of a U.S. refugee, you may apply for a green card one year after entering into the United States.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.

A good legal service like the legal office of Tobin, O'Connor and Ewing can help you or your business receive proper representation in a court of law.

Five Common Dispute Reasons in Washington, DC

At Tobin, O'Connor and Ewing, we handle many legal disputes every day. Common issues include:

1. Breach of Contract - If one party in a business contract fails to uphold obligations stipulated in the document or agreement, the other party may sue for financial compensation resulting from the breach of contract. A judge will come to a ruling depending upon the amount of provable financial loss and the severity of the breach.
2. Employment and Regulatory Litigation - Regulations and other issues regarding business conduct toward employees as well as toward the environment can often lead to lengthy or costly disputes between city agencies, workers and business owners. These are often quite complicated and require the assistance of an experienced legal advocate on both sides.
3. Premises Liability - If someone is injured on a business-owned property, the business may be liable for both compensatory and punitive damages. Businesses may dispute who is liable for an individual's medical damages and may require a legal advocate to present a case in court.
4. Shareholder Disputes - Internal disputes over finances and company direction between partners, directors and shareholders in a business may require a legal representative to ensure that contracts are upheld and finances lawfully apportioned.
5. Fraud - If one party in a business relationship misrepresents information that leads the other party to lose money, the victim party may be able to receive financial compensation. A business dispute lawyer in Washington, DC is essential for both parties to ensure equitable, fair results from a court of law.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.

FMLA: The Family and Medical Leave Act

Firing a woman just because she is pregnant and takes maternity leave is a form of discrimination. FMLA allows women who work for a company employing over five people and who have worked at least 1250 hours in the past year to take no more than 12 weeks of unpaid leave due to pregnancy. They are assured an equivalent position when they return from their unpaid leave.

If you are laid off after applying for maternity leave, a legal representative may be able to present your case as being in violation of FMLA and help you either receive compensation or get your job back.

Non-FMLA Recourse

You are not allowed to be dismissed just because you are pregnant, and you are not allowed to be denied maternity leave.

If you are laid off immediately prior to requesting maternity leave, you may also be able to receive compensation in the form of health benefits and wages, depending on the exact terms of the layoff. This is where a good lawyer is vital. We will help you go over all the documentation and build a case to help you receive the compensation provided for you by the law. You are advised to remain in close communication with your company prior to taking maternity leave with regard to your health benefits and job security.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.

Critics of the law cite worries about racial profiling, and legal challenges to the bill on various grounds have made their way all the way up to the United States Supreme Court. Additionally, the federal government has made a legal claim that the law infringes upon federal powers to determine immigration regulations.

The entire dispute has had a huge impact upon immigrants' sense of security within the United States. While Arizona is so far the only state with such a law on the books, other state legislatures have similar bills in process. Depending on the U.S. Supreme Court's ruling on whether states have the legal authority to develop comprehensive immigration policies, recent immigrants' freedom of movement throughout the country may be quite difficult.

Become Legal Now - Go Through Proper Channels

If you are currently in the United States and plan to become a citizen, there are channels that you can take to achieve legal citizenship. A consultation with a legal advocate is the first step to getting your papers in order. Many people in the United States believe that illegal immigration is a big problem, and legislation is becoming increasingly strict against it. Becoming legal should be your and your family's first priority.

The law offices of Tobin, O'Connor and Ewing have extensive experience helping individuals in the Washington, DC Metro area acquire the proper papers and fill out the necessary forms to get started on the legal path to citizenship.

To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.