We know how important of a step it is for a business to hire employees and transition into an employer. To safeguard the rights of the employer as well as the employees, and also to prevent disputes in the future, it is important to gain a clear understanding of the expectations as well as the requirements from a legal standpoint.

Contract Review and Negotiations

Employment Agreements: An employment contract should not be unduly confining. Rather, it should spell out exactly what your expectations are as the employer. Managing expectations is key to a good employer-employee communication and future behavior. Set forth those expectations with a detailed contract.

Non-Compete Agreements: The importance of drafting clear non-compete agreements cannot be understated. These agreements are of vital importance in protecting your business and that of your clients and suppliers. You can count on our attorneys to help you include all the important details including time and geography limitations when drafting a non-compete agreement for your company.

Independent Contractor Agreements: An independent contractor can perform the responsibilities needed without the necessity of the employer investing time and money into training. Additionally, when effective, the employer can avoid such costly issues relating to employees such as overtime, vacation pay, payroll taxes, etc.

Severance Agreements: Sometimes there comes a time when the employment relationship is no longer beneficial for the employee and/or employer. At this juncture, it is important to have a comprehensive agreement detailing the expectations of the parties regarding such separation to avoid future conflict.

Compliance and Preemptive Legal Planning

Employee Handbook: This is a valuable tool used to relay expectations of employees and management. As the laws are constantly changing, it is recommended to regularly review to ensure compliance.

Anti-Discrimination and Harassment policy: Such policy aims to protect certain protected classes of person from harassment and/or discrimination in the workplace regarding terms and conditions of employment. It is imperative to have a well-drafted procedure as case law supports that having such can be extremely helpful in limiting an employer’s liability.

Training HR/Management: It is essential for any successful business to develop and maintain a professional and productive team. One way to achieve this goal is to provide adequate training of management with respect to the supervision and treatment of personnel.

Employment-Based Immigration

You have found an outstanding employee and want to keep him or her with your company. However, immigration problems may arise when your employee is a foreign national. While wait times are generally shorter for employee green cards than for other kinds of resident status, the process can be tedious and time consuming. You do not want to risk missing a section of the form, being denied and having to appeal. When it is time to secure a visa, it is time to contact us. We have handled all kinds of visa and green card applications.

We can help determine which visa best fits your employee’s situation. We can help with:

  • Labor certification
  • E-1 Visa: treaty traders and qualified employees
  • E-2 Visa: treaty investors and qualified employees
  • H-1B Visa: workers in a specialty occupation
  •  L-1A Visa: intra-company transferees in managerial or executive positions
  •  L-1B Visa: intra-company transferee s in positions utilizing specialized knowledge
  • TN Visa: NAFTA temporary professionals from Mexico and Canada.

Under the NAFTA Professional (TN) visa, professionals from Canada can work in the United States if they meet several requirements, including the employee is qualified for the job and they have a job offer in writing. This visa is renewable for as long as the employee works for the company. If you need assistance regarding obtaining a TN Visa, we can help you understand your options.

Attorney Andrew OBeidy has first-hand experience with immigration; he is from Canada himself. If you are a citizen of Canada who has a job offer in the United States, we are here to help. You need to focus on your job. Let me do mine. Le parle Français.

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