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Recent Blog Posts

Fired for wearing a headscarf or hijab

Religious Discrimination in the Workplace is Illegal Both Ohio and federal law make  it illegal for an employer to discriminate against individuals when hiring and firing, as well as in the work environment because of a person’s religion. In addition, employers may not take an adverse employment action against an employee who files a complaint […]

New I-94 Retreival Website

At the beginning of May 2014, Customs and Border Protection (CBP) released a new version of its I-94 Retrieval website. This new version allows nonimmigrants to view their arrival and departure history for the last five years. Previously, you could only obtain information on the most recent entry into the United States. The electronic Form […]

U.S. Supreme Court Tightens The Standard In Employment Discrimination Retaliation Claims

In a recent decision, University of Texas Southwestern Medical Center v. Nassar, the U.S. Supreme Court made it more difficult for plaintiffs to claim retaliation for filing complaints of employment discrimination. The court ruled that plaintiffs must prove retaliation was the determinative factor in an employer’s adverse employment action — and not just a motivating […]

How Does the Mediation Process Work in a Wrongful Discharge Case?

This is Step 4 in my series explaining the Steps Involved in a Wrongful Discharge Case.  This post explains how the mediation process works.  In employment cases, the opportunity to mediate may arise early in the administrative process or after a law suit has already been filed. Mediation is a form of alternative dispute resolution […]

FILING ADMINISTRATIVE CHARGES IN A “WRONGFUL DISCHARGE” CASE.

Continuing my series explaining the steps involved with filing a wrongful discharge case, today’s post presents a broad overview of the process of filing administrative charges. STEP 3:  FILING CHARGES WITH THE GOVERNMENT AGENCIES THAT ENFORCE EMPLOYMENT LAWS. So called wrongful discharge cases arise under State law, Federal law or both.  Depending upon the nature […]

Work Authorizations for Spouses of H-1B Visa Holders

Good news  for  spouses of H-1B visa holders. On April 7, 2014 the Department of Homeland Security (DHS) announced its intention to publish proposed rules that will allow employment authorization for spouses of certain “high-skill workers” on H-1B visas.  Currently, spouses and other dependents of H-1B visa holders are not authorized to work in the US. […]

Ohio Law Extends Past Federal Law

This past fall, the United States Office of Personnel Management (OPM) extended Family and Medical Leave Act (FMLA) coverage to same-sex spouses. In an October 21, 2013 memorandum for executives of federal departments and agencies, OPM Acting Director Elaine Kaplan explained that the Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA) […]

Embassy in Caracas, Venezuela Temporarily Suspends Issuing B-1/B-2 Visitor Visas to New Applicants

As of March 23, 2014, the US Consulate in Caracas, Venezuela announced that it is temporarily unable to schedule appointment for first-time B-1/B-2 visitor visas applicants. The consulate stated that because it is short of staff, it will only offer appointments for B-1/B-2 visas on an emergency basis. Those people who already have an appointment are […]

Religious dress and grooming in the workplace

The Equal Employment Opportunity Commission (EEOC) has published new guidelines that discuss the how federal employment discrimination law (Title VII of the Civil Rights Act) applies to religious dress and grooming practices in the workplace.  Religious dress and grooming practices include wearing religious clothing or articles (such as a Muslim hijab, a Sikh turban, or […]

Pre-Litigation Settlement in a “Wrongful Discharge” Case

As I continue my series of Posts intended to explain the process of pursuing a “wrongful discharge” case, today’s subject is Pre-Litigation Settlement.  (See my February 28th Post for Step 1 in the process.) STEP 2:  PRE-LITIGATION SETTLEMENT. After identifying possible legal claims in a wrongful discharge case, I usually prepare a letter to the […]

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