by Jim Browne | Aug 25, 2015 | Current Events, Immigration, Legal Matters Discussed
The ex-Subway spokesman, Jared Fogle, is reportedly pleading guilty to child pornography and having sex with minors. Fogle, an Indiana resident, is said to have conducted these perverted acts for years. A reporter recently told her story of taping conversations to CNN. http://www.cnn.com/2015/08/21/us/subway-jared-fogle-informant-child-pornography-allegations/
Sexual predators using human trafficking, many times for illegal sex, is a national problem that even Indiana faces. http://www.in.gov/attorneygeneral/2963.htm Human trafficking is also associated with immigration problems. http://www.ice.gov/human-trafficking
Many times, victims are caught in the trafficking system through “coyotes,” drug smuggling and gangs. http://www.ice.gov/news/releases/leader-south-texas-human-smuggling-organization-2-others-sentenced-federal-prison#wcm-survey-target-id
The Legalmente Hablando Indy and Goodin Abernathy LLP Spanish speaking attorneys find solutions to immigration problems. Many of our clients are victims of criminal activity and domestic violence. Immigration laws share an interest in protecting the community by offering U-Visas to keep criminals, like sex predators, off our streets. The law also gives special protection to victims of trafficking through the T-Visa program.
If you have immigration questions, call the Legalmente Hablando Indy and Goodin Abernathy attorneys for a free consultation. We speak Spanish and enjoy evaluating immigration opportunities for our Hispanic clients.
by Jim Browne | Aug 19, 2015 | Auto Accidents, Immigration, Legal Matters Discussed, Personal Injury, Safety
The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys successfully represented two Hispanic sisters and their children for injuries caused when a high school student driver hit them. The sisters were walking along a roadway in their apartment complex when a student ran them over. One of the sisters had a child on her shoulders and the other child was in a stroller. The driver was texting a friend and not paying attention to the roadway.
Our clients suffered serious injuries and went to the emergency room. The driver and her insurance company did not want to pay a reasonable amount for damages. The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys filed a lawsuit and aggressively fought for our clients. After the insurance company understood we would not settle the case for an amount less than the damages our Mexican clients suffered, the company agreed to pay the money it owed. Thankfully our clients were patient waiting on the legal process and trusted our work. Eventually it paid off and they received settlement checks.
Many insurance companies defend motor vehicle accident claims, trying to avoid paying reasonable money for damages their clients cause. Our Latino clients depend on our experience to represent them and their immigration status does not prevent us from handling their cases.
If you, a family member or friend was injured in an accident, contact us for a free consultation. The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys speak Spanish and take pride helping our Hispanic clients.
by Jim Browne | Aug 19, 2015 | Immigration, Legal Matters Discussed
Unfortunately, domestic violence, or “intimate partner violence” is all around us. It doesn’t matter the culture – not even the gender. https://www.nlm.nih.gov/medlineplus/spanish/domesticviolence.html
Hispanics frequently face domestic violence and work place violence, leaving them with basic but important questions. If I am undocumented, what do I do about my spouse or partner who beats me? What do I do if a co-worker beats me up? Will the police help me? Will my employer help me? Where can I get help? How does this affect my immigration issues?
THE U-VISA – for Victims of Violent Crimes
My law firm focuses on immigration questions and walks clients through their legal options. For instance U-Visas protect victims of violent crimes. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Applicants must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.
VAWA – Violence Against Women Act
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
WORKPLACE VIOLENCE
The State of Indiana has laws to help victims of workplace violence. So you only speak Spanish and are not familiar with the legal system, well report the problem to your employer and ask for help. A victimized employee can request a Court’s restraining order. Employers of a targeted worker who is the target of unlawful violence or credible threats of violence can apply for support from law enforcement for their workers. These orders are called “Workplace Violence Restraining Orders” (WVRO’s). There are 2 kinds of WVRO’s—a temporary restraining order (TRO) issued without a hearing that lasts a maximum of 15 days, and an injunction (an order issued after a hearing) that lasts up to 3 years.
Contact us for free information if you have questions about domestic and workplace violence. Don’t let your immigration status stop you from seeking help!
by Jim Browne | Aug 11, 2015 | Current Events, Immigration, Legal Matters Discussed
Indiana’s Hispanic population around Fort Wayne and Elkhart continues growing. Information describing the population growth is shown. Many of these Spanish speaking residents face immigration and general legal issues. The Goodin Abernathy LLP attorneys are experienced and take pride helping their Latino clients.
The attorneys at Goodin Abernathy LLP frequently visit the Fort Wayne and Elkhart, IN areas to meet with Latino clients. Our experience shows many Hispanic clients qualify for immigration services including visas, work permits, residency and citizenship. Since Immigration law is federal, we are also able to help clients living nearby in Illinois and Michigan and Ohio. Our Spanish speaking attorneys consult with clients by telephone and in meeting with them in person to evaluate their best immigration options.
Frequently our clients throughout Fort Wayne, Auburn and Elkhart qualify for DACA, U Visas, TPS, naturalization, legal permanent residency and deportation protection. Many of these clients have had contact with the police and law enforcement agencies and need their criminal court history. But the Fort Wayne police and Sheriff’s department make it difficult for non-citizens to obtain their records. We regularly send requests and work to collect the reports our clients need. Our attorneys explain the fingerprinting process and prepare clients for their immigration interviews. We translate documents and walk our clients through the process, start to finish.
The Spanish speaking attorneys at Goodin Abernathy LLP provide individual and focused attention to their immigration clients. Visit our Spanish web site at https://www.legalmentehablandoindy.com.
Use our mobile phone site to immediately connect and speak with one of our attorneys.
Attorneys Browne is connected to the Hispanic community by family, friends and their community work. Attorney Browne’s mother is Mexican and Mahern’s husband is Mexican. They speak Spanish and care about their clients. Our Legalmente Hablando Indy attorneys provide clear explanations and arrange affordable payment programs. If you do not currently qualify for an immigration opportunity, they will tell you – but they will also tell you how to plan your future and what to look for as the immigration laws change.
by Jim Browne | Aug 7, 2015 | Employment Law, Immigration, Legal Matters Discussed, Worker's Comp
Labor statistics show an increasing number of Hispanic workers are suffering work fatalities and injuries. In Indiana, Bureau of Labor Statistics show a rising trend in Latino work fatalities.
“Hispanic and Latino Workers – Occupational Injuries, Illnesses and Fatalities” – www.in.gov brochure.
Most of Indiana’s Hispanic fatalities and injuries occur in the manufacturing and construction industries. Many Hispanic accidents affecting Hispanics involve motor vehicles and equipment. In construction projects, many Latinos are injured from fall accidents. Another significant cause of injuries to Latinos involves workplace violence.
The attorneys at Legalmente Hablando Indy and Goodin Abernathy LLP regularly represent injured Hispanic workers. We are located in Indianapolis, Indiana. Many of our clients live and work around Fort Wayne, Lafayette, Bloomington, Frankfort, Auburn, Crawfordsville and Richmond. We will travel to visit clients and appear in local courtrooms.
We handle construction accidents, motor vehicle collisions, factory injuries, explosions and burns. Often we give legal advice to Hispanics about work place harassment and violence. Many of our clients are concerned about racial discrimination and immigration issues. Our experience and research address these issues showing why injured Indiana Latinos have legal rights regardless of immigration status. We speak Spanish and fight for our Hispanic clients in Indiana worker’s compensation claims and injury cases.
Hispanics work on risky and dangerous jobs.
“Immigrants Work in Riskier and More Dangerous Jobs in the United States” – PRB.org.
Employers often turn their backs on injured Latino workers because they do not respect their immigration status. The Legalmente Hablando Indy and Goodin Abernathy LLP Indianapolis attorneys open legal claims for both documented and undocumented immigrants. We explain the medical treatment options Indiana workers are owed when injured on the job. Most importantly, we care about our Hispanic clients and work to win the best recoveries the law allows.
Find more information about our Legalmente Hablando Indy at http://www.legalmentehablandoindy.com/ and check out our community involvement on Facebook at https://www.facebook.com/LegalmenteHablandoIndy.
by Christopher Clark | Jul 29, 2015 | Employment Law, Legal Matters Discussed, Small Business
A common question that our clients ask us is, “Should my employer be paying me for overtime?” Both Indiana and Federal Law require the payment of overtime wages unless an employee is exempt. Some examples of exempt employees include outside salespeople, teachers, executive, administrative or professional employees, certain farm workers, and employees in certain computer-related occupations. The vast majority of hourly workers are entitled to receive overtime for every hour, over 40 hours, worked in a given week. Current Federal Minimum Wage is $7.25 per hour. Therefore, even if you are paid a salary, your average hourly wage, based on a 40 hour week, must equal $7.25/hr. If you are working more than 40 hours per week, your employer should be paying you time and a half for every hour over 40 worked during the week. A common misconception among employers is that all salaried employees are exempt from the overtime requirements. This is simply not true.
Another area where we often see abuses in wage and hour laws is in the case of tipped employees. Tipped employees are individuals engaged in occupations in which they customarily and regularly receive more than $30 a month in tips. The employer may consider tips as part of wages, but the employer must pay at least $2.13 an hour in direct wages.
The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage (see above) when direct wages and the tip credit allowance are combined. If an employee’s tips combined with the employer’s direct wages of at least $2.13 an hour do not equal the minimum hourly wage, the employer must make up the difference. Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.
Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA.
The United States Department of Labor’s Wage and Hour Division (WHD) is responsible for enforcing some of the nation’s most comprehensive federal labor laws on topics including the minimum wage, overtime pay, record keeping, child labor, family and medical leave, migrant and seasonal worker protections, lie detector tests, worker protections in certain temporary guest worker programs, and the prevailing wages for government-funded service and construction contracts. Collectively, these laws cover most private, state, and local government employment, and protect over 135 million workers in more than 7.3 million establishments nationwide. The Department of Labor has even created an app for employees to keep track of their time to determine if they may be entitled to overtime.
On June 30th, the DOL unveiled a proposed rule that would broaden federal overtime pay regulations to cover nearly 5 million more people and raise the minimum salary threshold required to qualify for the Fair Labor Standards Act’s “white collar” exemption to $50,440 per year in 2016, up from the current $23,660.
Employment law attorneys anticipate significant increases in the number of employees who will be entitled to overtime pay. Thus, even if you are currently considered an exempt employee, you may no longer be considered exempt under the new proposed rules.
If you have questions or concerns about the way your employer administers overtime pay or other employee benefits, please contact the Indianapolis Employment Law Attorneys at Goodin Abernathy, LLP.
by admin | Jul 29, 2015 | Current Events, Insurance Disputes, Legal Matters Discussed, Real Estate Law, Safety
As reported by the Indianapolis Star, the Indiana State Police have discovered 119 methamphetamine labs in Delaware County in the first 6 months of 2015. The next highest was Noble County with 35. While methamphetamine is an illegal substance that has wrecked many lives in Indiana, methamphetamine is also a large problem for realtors, landlords, and buyers and sellers of real estate due to the contamination that occurs in the houses and buildings where the meth is cooked.
Most Sellers of a 1-4 unit residential property are required to fill out a Seller’s Residential Real Estate Sales Disclosure Form per Indiana Code Section 24-4.6-2, et seq. On page 2 under “Hazardous Conditions” the following question appears: “Have there been or are there any hazardous conditions on the property…such as…toxic materials…?” The Seller has the option to indicate “Yes,” “No,” or “Do Not Know.” Methamphetamine contamination would be considered a toxic material. With methamphetamine production, clean-up generally will involve, at a minimum, the removal of all surfaces that came in contact with the contaminants and removal of drywall down to the studs. If a Seller fails to clean-up the condition or sells the property without disclosing the methamphetamine contamination, they could be liable to a Buyer for the failure to disclose.
If a house has been contaminated, there are also insurance issues that will need to be determined. Does a landlord still have insurance coverage when a property is contaminated by a tenant? Is there coverage for lost rent while the house is being cleaned up? What about coverage if the health department or police order the house to be closed up until their investigations are completed? As with all insurance questions, individual policies must be read entirely to determine whether there may be coverage for the landlord in these situations.
If you have concerns surrounding property you own that may have had an undisclosed methamphetamine lab in it or have questions surrounding your insurance coverage, contact the real estate attorneys at Goodin Abernathy, LLP to discuss your case.
by admin | Jul 27, 2015 | Legal Matters Discussed, Traumatic Brain Injury, Will & Estate Planning, Wrongful Death
In Indiana, the legislature has set-up a document that individuals may execute to inform their family and health care providers what they desire in regard to end-of-life decisions. These are called “Living Wills” and can be a part of your will and estate planning. While it is uncomfortable for most people to think about these end-of-life issues, Living Wills allow the person to make their own decision before they are in a situation where they cannot make the decision for themselves.
Recently, Bobbi Kristina Brown, the daughter of Whitney Houston and R&B singer, Bobbi Brown, passed away after she was found unresponsive on January 31, 2015. Ms. Brown reportedly suffered “global and irreversible brain damage.” She was only 22 years-old. Tragedy can even strike young people. If Ms. Brown lived in Indiana, her Living Will could have provided guidance to her family and health care providers about her end-of-life decision surrounding her treatment and care.
Indiana also has recently adopted the Indiana Physician Orders for Scope of Treatment (POST) form. This is filled out between a treating physician, advanced practice nurse, or physician assistant and the patient. The purpose is to inform EMTs and other treatment providers what medical intervention the patient desires if an emergency arises. The POST form is used by patients and their health care providers when the patient has a medical condition that is very serious or terminal. This document provides even more guidance to health professionals.
Goodin Abernathy, LLP can assist you in the creation of your Living Will along with your entire estate portfolio. Contact us today to discuss your estate planning needs.
by admin | Jul 24, 2015 | Auto Accidents, Legal Matters Discussed, News Around Indy, Personal Injury, Truck Accidents, Wrongful Death
by admin | Jul 2, 2015 | Current Events, Immigration, Legal Matters Discussed
Donald Trump, a new presidential candidate, made various controversial statements about Mexicans this week. Trump said things like – “Mexico is not our friend . . . FIGHT!” So how might his views impact, or rather invigorate, potential U.S. voters?
Consider this: There are about 13.3 million Legal Permanent Residents (LPR’s) living in the U.S. – and 8.8 million of them are eligible to become U.S. citizens. www.dhs.gov/sites/default/files/publications/ois_lpr_pe_2012.pdf
A significant portion of LPR’s are Mexican or Central American. The Department of Homeland Security reports that in the year 2013, 779,929 LPR’s became citizens. www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states
If you are a LPR, you may be eligible to naturalize in time for the upcoming elections. Goodin Abernathy LLP and the attorneys at Legalmente Hablando Indy regularly help clients with immigration cases. Our services include guiding Hispanic immigrants through the naturalization process where LPR’s become voting U.S. citizens.
If you are a Legal Permanent Resident, to qualify for naturalization, you must be at least 18 years old; and you must have been a resident for 5 years (3 years if you are married to a US citizen and meet other requirements). Usually, you must pass an English and civics exam, but there are some exceptions. You also have to be a person of good moral character, which includes considerations about criminal history, payments of child support, registration for selective service (males only), and other factors we can discuss. You also must have been physically present and had your primary residence in the US for certain periods of time prior to your application.
LPR’s are not required to speak perfect English to naturalize. Yes, you must pass a test given in English, but the questions are straight-forward. Plus, spelling and grammar do not count against you on the written portion. We can provide names of various service organizations that prepare you for the citizenship exam. The services teach the English necessary for the tests.
If you are a Mexican national and want to keep your Mexican citizenship, it is possible for you to retain both your Mexican citizenship and become a U.S. citizen. This is called dual citizenship. Mexico recognizes dual citizenship. Other Latin American countries have different rules regarding dual citizenship we can review those with you.
If you want your voice to be heard in U.S. elections, contact Goodin Abernathy LLP to discuss your options!
