July 17th, 2009 at 04:39pm
Under Immigration Law
All over the world people are trying to move away from their country and seek another place where they think it will be better for them. The reasons for relocation are various. They can be of political or economical nature or just because they do not want to live there anymore. Whatever the reasons, people do emigrate from their countries daily and they can do it either legally or illegally.
The future of the people that try to do this illegally is very grim. The US is the most likely target and their means to discover illegal immigrants are getting better every year. Why would you risk being submitted to a very unpleasant process like being arrested, deported or who knows what else? There is a better way to do this and stay there for as long as you can.
The legal way for this is by taking an immigration test. This option is available for everyone, but you should keep watch for anyone who is pretending to help you, when in fact they are only after your money. The best place to start looking for information about an immigration test is the internet. For this keep in mind a very easy to remember address: immigrationtest.org.
This immigration test website will provide the answers you need regarding immigration laws, visas or other related subjects. The help you receive through this website is being watched over by Sonia Munoz. She is the president of an immigration specialized law firm. They have handled countless immigrations in the US and internationally. Their goal is to protect the rights of immigrants.
In order to keep the media as up to date as possible regarding the most recent immigration events, they post question and answer columns in a lot of publications throughout the nation. Apart from processing a huge number of visas, their job goes as far as prosecuting the notaries, paralegals or any individual that posed as an attorney, pursuing their own interest and damaging their clients. Even though it seems very cruel and unfair, this sort of thing happens every day.
When pursuing an immigration test, one of the things you need to be familiar with is the immigration law. In this direction, the president of the United States has announced the additional 6000 members of the National Guard that were sent to strengthen the southern border. The method used by the president to enforce the changes within the immigration law is believed to be one of the most technologically advanced in American history. As part of the immigration law, the infrastructure investment at the border will be increased.
Another aspect of the immigration law expands the use of the ‘Expedited Removal’. This is the power of the US government to send illegal immigrants home faster. Illegal immigrants are considered to be those people that enter the United States without inspection or those that have overstayed the time that was allotted on their visa. Any of these situations are considered to be a violation of the immigration law.
Considering the illegal immigrants issues, employers that hire them can be held accountable also. Hiring undocumented immigrants is considered a criminal act and will be prosecuted accordingly. The number of people that have been arrested due to such situations has increased significantly. There have been allotted considerable funds in order to toughen the investigations conducted on worksites.
Trying to obtain a visa is a complicated and durable process whose outcome may be determined by your very first steps. Taking an
immigration test is the most important first step you must take. This will allow the organizations in the destination country to test your knowledge about their government,
Immigration law and other aspects.
July 15th, 2009 at 04:11pm
Under Employment Law
You must always protect your business. UK employers have been warned that if they take on illegal workers they could face a prison sentence and / or massive fines.
That is the message from a new campaign launched by the Government to promote new rules which took effect this month. It is vital that companies take notice of this new legislation. The Home Office estimates it will cost more than £27m for businesses to acquaint themselves with the new law which shows how important it is for UK businesses to regard the changes.
For every illegal worker you negligently hire, you could be fined up to £10,000 or face up to two years in prison, so this really is a serious situation. It is all in a bid to crack down on illegal workers in Britain by placing more emphasis on employers to take note of who they are employing and carry out proper background checks. This in effect means businesses should become much more proactive in demonstrating that they are adhering to these new laws.
Also if an employer is found to be breaking the law they could lose the right to recruit from outside the European Union altogether. This puts pressure on recruitment agencies that specialise in foreign recruitment to make better checks on the people that they refer to local UK businesses. It also gives a strong international message that the UK’s tougher new employment laws have made it more difficult to work in Britain illegally. And for residents here in Britain it shows that there is a crackdown on illegal workers – all in aid of a wider shake-up of the immigration system as a whole.
The Border and Immigration Agency undertakes regular enforcement operations against illegal working in the UK, and in 2006, they carried out over 5,200 raids, removing more than 22,000 people from the UK in only one year.
To obtain more direct information the Home Office has improved their help line that claims to offer more accurate and specific advice to businesses.
Employers who condone illegal working attract illegal migrants, which means they can pay them less money and so undercut the wages that would be paid to legitimate employees. The new Government rules are designed to protect the UK’s workforce, and help employers to run a cost-effective but efficient business. There have been some concerns about racial discrimination cases against employers doing background checks, but this can easily be avoided if your company has one procedure that is followed for every potential new applicant.
Employers of migrant workers, whose right to work in the UK is not permanent, will have a new responsibility to make periodic checks on the existing workers’ entitlement rather than simply checking their status only once before employment begins.
It’s important that all British companies familiarise themselves with the changes, and seek professional advice if they are unsure of the procedures they should follow to make sure they don’t employ illegal workers. Obtaining professional advice and revising company policies and procedures is a good way to safeguard the future of your business and assure that you are adhering to the new legislation.This article is free to republish provided this resource box below remains intact.
John Mehtam provides
Employment Law Training and heads the Employment Law team at Martin Kaye Solicitors in Telford, Shropshire.
July 11th, 2009 at 05:38am
Under Administrative Law
It was not until 1986 when a law protecting whistleblowers is made. Congress added an anti-retaliation protection to the then existing False Claims Act.
A whistleblower is a person who tells on something he believes is an illegal act. The employees are the most commonly known whistleblower. They tell on their employers which they suspect is doing or committing an illegal act.
Under the Whistleblower Protection Law, the employee should not be discharged, denoted, suspended, threatened or harassed in any form that discriminates the terms and conditions of his employment because of the legal act done by the employee.
The employee may be of aid in many ways possible on the investigation, testimony and the likes. However there are some constraints under the whistleblower protection law.
Reporting illegal acts that are only within the company is a ground for exemption. But still there may be public policies that could protect the employee from retaliation
If it turns out that an employer didn’t actually break a law, the employee is still entitled to whistle blower protection from retaliation, if he reasonably believed that the employer committed an illegal act.
The whistleblower protection law does not cover employer retaliation for complaints about personal loathe. Office politics is not to be used as a basis for filing a complaint against the employer and use the whistleblower protection for personal gain.
In order for the employee to be protected from employer retaliation, he may the have a suspected desecration of any Federal Law. But the supposed violation should have provisions that the law violated will protect whistleblowers.
The Whistleblower Federal Law, unlike the False Claims Act, allows the whistleblower to file a lawsuit in a federal court. The Federal Whistleblower Law does not permit the whistleblower to go directly to the court.
The individuals concerned are pursued administratively. These individuals concerned could file a complaint or charge to retaliate with or without a lawyer to represent them. However if the case is not resolved immediately, the administrative law judge may then preside over the only evidentiary hearing that may take place.
A whistleblower should not attempt to delay an investigation of the possible legal remedy. To maintain this ruling, the retaliation should then be brought to the attention of an appropriate government official within 30 days, else the complaint could not be pursued.
Most states have some sort of statutory or common law “whistleblower” or anti-retaliation laws. Like the federal whistleblower laws, not every lawyer will know about these laws, especially laws outside their own state.
These states and the District of Columbia have recognized a public policy exception to the “employment at will doctrine”: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Some states have explicit statutory protections for whistleblowers. These include: California, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, Tennessee, and Washington.
There are also state laws that offer special protections just for their own state or local government employees: Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wisconsin.