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Recent Immigrant questions

I would like to fire my H1B visa employee but am unsure of

Hello, I would like to fire my H1B visa employee but am unsure of my rights as a business owner regarding this. She was out on medical leave for over 6 months and is now returning with harsh requests. She is now a negative factor in our company. What are my rights, what is the best way to handle the separation?

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RobertJDFL

Attorney

Juris Doctorate

12,170 satisfied customers
I am 58 years old female worked with the company years union

I am 58 years old female worked with the company for 5 years for the union in Seattle being a union representative in call center.On 6/29 my employer sent me on administrative unpaid leave during investigation on some correspondence/statement they found in media about bad job conditions and possible discrimination of people of color and immigrants in our call center.Director of my call center told they think I let media know because I am one of the representatives of Racial Social Justice Committee of our union and was active in open discussions about discrimination in organization and in our department particularly during our meetings.I am not the author of that media statement, but director of my call center presented me paper that I am on administrative leave until the end of investigation as long as they need.The period on this leave is unclear and employer is not responding on my request to let me come to work or pay my administrative leave. I have two old parents I support and have to pay rent and bills. I also have some health problem after working for 5 years in pretty stressful environment being on the phone for 8 hours a day and need to keep my dedications. I do not even know if I am eligible to keep my health benefits during administrative unpaid leave. Please, advise.Svetlana Plummer

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Dwayne B.

Juris Doctor

35,356 satisfied customers
Can my political beliefs and views be considered

Can my political beliefs and views be considered "discriminatory?" I was asked by my HR director about if I support Donald Trump and what my views on immigration were.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,884 satisfied customers
What concerns should be addressed S Corp owner funding

What concerns should be addressed for an S Corp owner funding thru shareholder loans the salary of an employee with an E3 VISA. The S Corp will not bring in the income to cover the salary for at least two years. It is a Professional service company and both owner and employee have required professional certification, just not enough customers yet

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230 satisfied customers
If we have reason to suspect someone is working illegally,

If we have reason to suspect someone is working illegally, and was hire prior to the voluntary implementation of e-Verify, can we put the employee through the verification?

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Ray

Lawyer

Doctoral Degree

35,238 satisfied customers
My company asked me to sign a paper saying that I would

Hi, my company asked me to sign a paper saying that I would be responsible for full amount of legal fees and out of pocket disbursment incurred in preparation and filing of permanent residency, except fees that are by law the sole responsibility of employer.JA: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I resigned fromJA: Is there anything else the Immigration Lawyer should be aware of?Customer: I resigned today and they are asking me to pay 9159 dollars and they said they can retain that from my salary.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.

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Phillips Esq.

Attorney

Juris Doctor

17,990 satisfied customers
Peal JA: The Employment Lawyer will need to help you with

Hi PealJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No not yetJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: Hi I am Graduate Student and I have just received an Offer Letter for a Consultancy Firm. Before signing the acceptance letter I ran through a statement and want to make sure what are restrictions I will be looking atJA: OK. The Employment Lawyer will need to help you with this. Is there anything else the Employment Lawyer should be aware of?Customer: The statement is Therefore, during your employment and for a period of twelve months thereafter, you must not directly or indirectly: (1) solicit for employment or hire any employee of xyz or anyone who was an employee of xyz at any time during the preceding six (6) months; or (2) cause or encourage any other party to do so. For a period of twelve months after the termination of your employment with xyz, you must not, for your own account or for the account of any other person or entity, solicit, call on or provide competing services for any of xyz's customers or prospective customers if you have solicited, called on or performed services for that xyz customer or prospective customer during the twenty-four months preceding your termination from xyz.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Gerald-Esquire

Juris Doctor

5,150 satisfied customers
Can an illegal immigrant who has a TIN, but not a work

Can an illegal immigrant who has a TIN, but not a work permit, file taxes and if it is found out they don't have a work permit would I (self-employed contractor) be penalized if I give them a 1099 at year-end?

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Infolawyer

Attorney

Juris Doctor.

37,336 satisfied customers
I got recently terminated by my employer, and they have

Hi ,I got recently terminated by my employer, and they have asked me to sign the below letter(not obligatory).Please let me know if there is any issue in signing this letter.---------------------------------------------------------------------------------------------------PLEASE READ CAREFULLY AND CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS SEPARATION AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE OF ANY AND ALL KNOWN AND UNKNOWN CLAIMS AGAINST ITCOMPANY1 IF YOU DO NOT UNDERSTAND THE DOCUMENT FULLY, DO NOT SIGN IT SEPARATION AGREEMENT AND GENERAL RELEASESEPARATION AGREEMENT and GENERAL RELEASE (the “Agreement”) made this 30th day of March 2016 by and between Employee1 and ITCompany1 Services, LLC and its related and/or affiliated companies (“ITCompany1” or the “Company”).WHEREAS, Employee has been employed by ITCompany1 since on or about September 30, 2015 andWHEREAS, Employee signed an Employment Agreement with ITCompany1 at the commencement of his employment on August 3, 2015; andWHEREAS, Employee and ITCompany1 have discussed Employee's separation from ITCompany1; andWHEREAS, Employee and ITCompany1 wish to resolve and fully and finally settle, compromise, and forever discharge any and all claims and issues that have been raised, or which could have been raised, or which Employee has now or may ever have had against ITCompany1 or which ITCompany1 has now or may ever have had against the Employee; andNOW, THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS:1. Termination of Employment. Employee agrees that his employment with ITCompany1 will cease on March 30, 2016. The Employee agrees that he will cooperate fully with ITCompany1's efforts to transfer Employee's duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition.2. Return of Company Property. Employee agrees to return all Company property in Employee's possession or control to ITCompany1 including, but not limited to, any computer equipment, office keys, credit and telephone cards, blackberry, mobile phone, ID and access cards, and any and all original and duplicate copies of checklists, cheat sheets, training material, reports, company files, calendars, books, employee handbooks, records, notes, notebooks, correspondence, customer lists, manuals, customer lists, computer programs, computer disks, diskettes and any other magnetic and other media materials containing confidential or proprietary information concerning ITCompany1 by March 30, 2016.3. Consideration. In consideration for signing this Agreement, and in full satisfaction of all of the Company's obligations to Employee, the Company agrees that it will pay [sum amount] less applicable statutory deductions within 21 days of receipt of an executed copy of the Agreement from the Employee and the return of all Company property referred to in paragraph 2.4. No Bonus Payment. Employee will be ineligible to receive any bonus payment for calendar year 2016.5. Relocation Airline Costs. ITCompany1 will reimburse Employee on actual expenses incurred by him for one return airline ticket to India.6. Fair Benefit. Employee understands and agrees that the Payment referenced in Paragraph 3 above is more of a benefit than ITCompany1 is required to provide to Employee under any normal policy, plan, procedure or contract with ITCompany1.7. Non-Admission of Liability. This Agreement is not an admission of wrongdoing or liability of any kind by ITCompany1 or any of its former or current principals, officers, directors, representatives, agents, employees, and consultants, and any such wrongdoing and liability is expressly denied. This Agreement is entered into by the parties to avoid and to end all controversies between them.8. Continuing Obligations. Employee agrees to: (a) cooperate fully with ITCompany1 in its efforts to transfer such duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition, including the retention of a suitable successor; (b) respond to reasonable inquiries from ITCompany1' s representatives concerning Employee's projects, activities and matters under Employee's supervision while he was a ITCompany1 employee; and (c) respond to reasonable requests to cooperate with ITCompany1 and its representatives concerning any investigation, claim or lawsuit initiated by any person, organization or entity (including any government agency) against ITCompany1 and/or Employee including but not limited to assisting in the preparation of ITCompany1's defense, consulting with ITCompany1 counsel, attending and/or if knowledgeable, testifying truthfully at any administrative arbitration, judicial or other proceeding. In making requests pursuant to this Paragraph, ITCompany1 agrees, where practicable, to consider the personal and business commitments of the Employee.

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P. Simmons

Attorney

Doctoral Degree

35,224 satisfied customers
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