For more information and easier access to the following specialized areas of the law, see Knudsen law firm’s new websites.
May 18, 2012
Fremont, Nebraska: The E-Verify System and Employer Compliance
The city of Fremont, Nebraska, has passed an ordinance requiring all private businesses (and city contractors) within the city limits to use the E-Verify system. Other portions of the ordinance were recently struck down by the federal court, but the portion of the ordinance requiring use of E-Verify was upheld. The city will require compliance by May 4, 2012.
Approximately 3,000 of Fremont’s businesses will be required to double-check the citizenship status of every new employee. An appeal of the decision has been made, but for the present time employers in Fremont are advised to comply with the law.
In Nebraska, it is already mandatory for public employers and public contractors to use E-Verify for their employees and all subcontractors. A public contractor means any contractor (and includes his or her subcontractors) who is awarded a contract by a public employer for the physical performance of services within the State of Nebraska.
A business entity may register online at USCIS E-Verify. A business entity that applies for any contract, loan, grant, license, or permit from the City after March 5, 2012, must provide documentation that the business entity has registered in the E-Verify program and must execute an affidavit stating that the business entity does not knowingly employ any person who is an unauthorized alien.
The E-Verify system is an internet-based process that compares information from an employee’s employment eligibility verification form (Form I-9) to data from U.S. Department of Homeland Security and Social Security Administration records to confirm authorized employment eligibility.
If you are one of the businesses required to use the E-Verify system, you will need to know what information to acquire from new employees in order to conduct an E-Verify initial verification. After hiring a new employee and completing the employment eligibility verification form required for all new hires (regardless of E-Verify participation), the employer must submit a query that includes information from the Form I-9, including:
- Employee’s name and date of birth,
- Social Security Number (SSN),
- Citizenship status he or she attests to,
- A number or I-94 number, if applicable,
- Type of document provided on the Form I-9 to establish work authorization status, and
- Proof of identity and its expiration date, if applicable.
Response to the initial query is sent within seconds of submitting the query.
Capital Humane Society Honors Jeanelle Lust
On January 17, 2012, Jeanelle Lust of the Knudsen Law Firm was honored by Executive Director Robert A. Downey and the Capital Humane Society for her invaluable time, talent and efforts as an advocate for animal welfare.
Jeanelle Lust & Kevin McManaman Win Appeal on Arbitration Issue to Supreme Court of South Dakota
After more than three years of litigation Jeanelle Lust and Kevin McManaman received a favorable opinion from the Supreme Court of South Dakota in Wright v. GGNSC Holdings et al. In Wright, the South Dakota Supreme Court determined that the unavailability of a designated arbitration forum, the NFA, was not fatal to the parties’ agreement to arbitrate.
For the entire decision click on the following: Wright v. GGNSC Holdings et al.
I was fired from my job! Do I have a case?
Whether you believe you were terminated from your employment for a discriminatory reason such as race, color, national origin, religion, sex (including pregnancy), disability, marital status, age or retaliation (or currently working with the discrimination), one of the most important questions you may have is, “Do I have a case?” Before you contact an attorney you should ask yourself the following:
- Background
What is your age, educational background, and employment history? Do you have a criminal record?
- Basic info about your (current or former) employer
What type of business is it? Number of employees? Has the employer been sued previously?
- Hiring process
When were you hired? For what position? Who made the hiring decision? Did s/he make any promises or representations? Did you sign anything?
- Employment history with this employer
Employment history with regard to: raises, promotions, bonuses, performance evaluations, awards, transfers, suspensions, demotions and disciplinary action?
- Events that led you to this point
If you were fired (or demoted or suffered some other adverse employment action), 1) why you think you were fired; and 2) the reason your employer gave or will give for firing you. If your case involves harassment, we will discuss the nature of the harassment (e.g., was it unwelcome; was it severe and pervasive) & your reaction to the harassment (e.g., did you complain to your employer?).
- Corroborating evidence
Were there any witnesses to the employer’s unlawful conduct? Do you have any documents to support your claims?
- Post-termination events
Have you initiated any other claims or proceedings related to your employment (e.g., unemployment, disability, workers’ compensation, or other governmental agency proceedings, or bankruptcy)?
- Potentially negative facts
Are you aware of any facts that might negatively affect litigation against the employer? These may be facts directly related to the workplace incidents or entirely unrelated (e.g., have you ever been arrested or fired from another job? Have you ever been sued or sued someone?). If you have a business and/or personal website; if you write a blog; if you use any form of social media (e.g., Twitter, Facebook), you will have to volunteer that information.
- Mitigation of damages
The law requires you to mitigate your damages by diligently seeking substantially similar employment.
- The end-game and the litigation process
What do you hope to gain from pursuing legal action against your (former) employer: a private apology; a public apology; a quick settlement; a jury verdict? What are your concerns? Settlement and litigation processes, including the time involved, the potential cost (monetary and emotional), and potential negative outcomes.
Social Security Disability Benefits Process in a Nutshell
Social Security Disability Insurance (SSDI) is a federal insurance program of the United States government. It is managed by the Social Security Administration and is funded by a payroll tax. SSDI is designed to provide income to people who are unable to work because of a disability.
In order for you to qualify for SSDI, you must meet the following requirements:
- You must have a physical or mental condition that prevents you from working.
- Your condition must be expected to last at least 12 months or result in death
- You must be under the age of 65
- You must have worked 5 out of the last 10 years (with a few exceptions.)
If you think that you meet the qualifications for SSDI, then you will need to fill out an SSDI application. This application can be filled out online at www.socialsecurity.gov or you can fill out the application over the phone or in person at your local Social Security office.
Once you have filled out the application for SSDI, the Social Security Administration will review your application and will make sure you meet the age requirement and the work history requirement. If everything looks good, the Social Security Administration will then send your application to another government agency called the Disability Determination Services (DDS). The DDS specializes in making medical determinations for disability claims.
At the DDS office, your claim will be assigned to a disability examiner. The examiner will request your medical records from all the treatment sources that you listed on your SSDI application (hospitals, clinics, doctors, etc…). Once the examiner has obtained all of your medical records, he/she will consult with a physician and will make a decision to the following questions:
- Do you meet the Social Security’s definition of disabled
- Does the disability prevent you from doing the type of work required in your past jobs
- Are you able to perform work in another field that would allow you to earn an income
Based on the decisions made by the DDS examine, your claim for SSDI will either be approved or denied.
The quality of your medical records is the most important factor in determining your qualification for SSDI benefits. It is important that your medical records be detailed and current.
If your application for Social Security Disability Insurance is denied, you will have 60 days to appeal the decision, and if your appeal is denied, you can request a hearing in front of an administrative law judge.
Unfortunately, most initial applications are denied (about 70% of them.) It is important not to get discouraged if your claim is denied. Obtaining Social Security Disability benefits can be a very long and stressful process. You should consider hiring a qualified disability attorney to handle your SSDI claim for you. Statistically, you have a better chance at winning your claim when you are represented by a Social Security lawyer
Please contact us as soon as possible regarding your SSDI claim.
Lawyers Creating a Legacy
Each year notable individuals are nominated from across the state of Nebraska for the Class of Fellows and Jeanelle Lust of the Knudsen Law firm is included in the 2011 Class of Fellows presented by the Nebraska State Bar Foundation.
Nebraska Foreclosures and Workouts
| December 8, 2011 | ||
| 8:30 am | to | 4:30 pm |
When foreclosure is looming, you not only need to understand all your client’s options, you also need practical techniques for protecting your client’s interests. Get the tools you need! This practical instruction begins with a detailed walk-through of the various loan workout options and the foreclosure process. Then take an in-depth look at how to handle the title, environmental and post-foreclosure issues commonly encountered when working with troubled assets. Take your skills to the next level.
Course Content
- The Foreclosure Process in Nebraska
- Workouts – The Various Tools in the Toolbox for Working Out Troubled Real Estate Loans
- Post-Foreclosure Issues
- Environmental Issues in the Foreclosure Process
- Title Issues in the Foreclosure Process and Workout Context
- Ethics
Continuing Legal Education – CLE: 6.00
Institute of Certified Bankers – ICB: 7.25*
Real Estate – Real Estate: 6.00
Register online at: NBI Registration
TREV E. PETERSON is a partner at Knudsen Berkheimer Richardson & Endacott, LLP. and has nearly 30 years of experience in the commercial and real estate lending, bankruptcy, foreclosure, and commercial litigation practice areas. He has represented lenders in cases under Chapters 7, 11, 12 and 13 of the Bankruptcy Code. Mr. Peterson is a member of the American, Nebraska State and Lincoln bar associations, and the American Bankruptcy Institute; is a fellow in the American College of Real Estate Lawyers and in the Litigation Counsel of America; and was named as a Super Lawyer of the Midwest in 2007. He is a past president of the Banking Law Section of the Nebraska State Bar Association and is a former president of the Bankruptcy Section of the Nebraska State Bar Association. Mr. Peterson attended the University of Nebraska-Lincoln for his undergraduate education and is a graduate of the University of Nebraska College of Law. He is a frequent speaker at seminars involving lending, bankruptcy and foreclosure.
Do you have a social media policy at your place of employment?
If you do not know the answer to that question—you should ask your HR representative. First of all, there is no expectation of privacy when using an employer computer system. If you, as an employee are permitted use of blogs and social networks during working hours it must not interfere with work activity.
The National Labor Relations Board’s recently released a report detailing the outcome of investigations into 14 cases involving the use of social media and employers’ social and general media policies. The general substance of the investigation is summarized below:
- Except in very limited circumstances, employers can’t discipline employees who discuss workplace responsibilities and performance together online — even if the online conversation includes swearing, sarcasm or insults;
- Employers can’t discipline any employee who seeks input online from a co-worker about a dispute at work;
- Employers can’t discipline an employee for clicking the “Like” button on Facebook
- Employers can’t discipline an employee who continues the course of concerted activity that began in the workplace by vocalizing the sentiments of his co-workers online.
- Overly broad social-media policies are also likely to draw NLRB scrutiny for violating Section 8(a)(1) of the Act.
- Employers can’t blanketly prohibit employees from using the Employer’s logos or photographs.
- Employers can’t generally prohibit employees from discussing the company, its employees or competitors (even if the comments are disparaging).
Workshop on Employment & Labor Laws
| September 16, 2011 | ||
| 9:00 am | to | 3:00 pm |
Social Media Dos & Dont’s– Managing Risks
Kevin McManaman is a partner of the Lincoln, Nebraska law fi rm of Knudsen, Berkheimer, Richardson & Endacott, LLP, where he concentrates his practice on commercial litigation, employment law, and workers’ compensation. He practices in state and federal courts, as well as arbitration. Kevin also writes and updates the Model Policies and Forms for Nebraska Employers and the Nebraska Human Resources Manual.
For more info see: 2011 Labor Law Workshop