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Tips for Depositions during an Employment Discrimination Case

April 18, 2016

Tips for Depositions during an Employment Discrimination Case

Employment Discrimination Attorney Alena Shautsova

Depositions is an examination under oath of case participant before he/she testifies in court. Depositions is a discovery tools allowing parties to clarify the claims and defenses.

It is important to remember that the testimony about to be given is given under oath, and as such is subject to statutes of perjury. Usually these penalties are not enforced, however it is not unheard of depending on the severity of the perjury. Throughout your testimony, the opposing counsel will ask questions to tear apart your employment discrimination case. The main issues that arise are about the timeline and details of the events that took place , the reporting of the discrimination to a supervisor or designated appropriate channels, prior and subsequent employment history.

First, tell the truth. If you cannot remember something, state so. When discussing the timeline of events, the questions presented can be confusing, do not be afraid to ask the opposing counsel to rephrase or repeat the question. While inconsistencies during normal conversation can be forgiven, the transcript of your testimony is not forgiving. Take your time when answering the questions, the transcript will not reflect the time taken to answer the question.

With respect to the questions regarding moral character, as always, it is best to answer truthfully. If you have an attorney, the attorney should carefully watch out for your rights to make sure the opposing counsel does not try to get privileged information.  The “favorite” questions are usually those about criminal records, bad deeds, etc. Some questions have no bearing on your case at all, but the questioning party hopes to discovery something useful. Do not panic, just focus.

Perhaps, the most difficult task to cope with while answering the questions is to focus. One has to focus on the question asked and give the answer to that question, and stay on track. It is best to prepare for the depositions with an attorney who will be accompanying you to the depositions. Remember one more thing: an attorney cannot testify for you.

New York City Municipal Identification Card

January 13, 2015

New York City Municipal Identification Card

Author: New York Immigration lawyer Alena Shautsova

New York City is ready to issue municipal Ids to all its residents, regardless of Immigration status.

While the NYC ID card will unlikely to pass the test for Real ID act, its benefits include access to NYC social programs and services. In addition, the card can be used for identification purposes in order to gain access to the City   buildings.

The NYC Id comes with one year free membership at selected museums.

One may read about it at http://www1.nyc.gov/site/idnyc/index.page.

 

Students Must Have Education Regardless of Status

May 9, 2014

Students Must Have Education Regardless of Status

Author: New York Immigration Lawyer

“The Justice and Education Departments jointly issued an update of guidelines they published three years ago, reminding districts that they “may be in violation of federal law” if they turn students away because the children or their parents do not have immigration papers. The guidelines clarify what documents  schools can and cannot require to prove that students live in their districts” New York Times.

Sadly, too many schools violate this policy. According to Attorney General Holder, reports the New York Times, the policy guidelines were based primarily on a 1982 Supreme Court decision, Plyler V. Doe, which found that schools cannot deny access to public education through the 12th grade on the basis of a student’s immigration status. That mandate and civil rights laws also require schools to make sure students are not rejected because of their parents’ legal status.

Human Rights Violations In Russia

July 18, 2013

Human Rights in Russia

Author: Asylum Lawyer Alena Shautsova

Recent convictions of two opposition leaders Aleksey Navalniy and his co-defendant, Pyotr Ofitserov by Russian government caused a series of protests; the US Department of State in its official statement condemned practices of violation of basic Human Rights by Russian Federation:
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Discrimination At Workplace

May 24, 2013

Discrimination at Workplace: How and When to File a Complaint

Author: Employment Discrimination attorney Alena Shautsova

For the most part, many of us do not choose their colleagues and/or supervisors. We come to the workplace and have to “deal” with the people and practices that have already been established before us. Sometimes, it is difficult to distinguish between “that’s how we do it here” and “that’s seem illegal.” So, what do you do when something does not feel right?
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Yoga Guru in Sexual Harassment Case

April 26, 2013

Yoga Guru Moves into the Limelight in Recent Sexual Harassment Case

Author: Discrimination lawyer Alena Shautsova

Bikram Choudhury is well-known in the yoga world for teaching yoga sequences in a
105 degree temperature environment. Currently, he is sitting in the hot seat for
alleged sexual harassment. Shirley McClain was one of his first yoga students in the
1970′s and since that time he has built his yoga business into a million dollar empire,
charging students $25 a session.

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Discrimination At Work Based On Immigration Status

February 15, 2013

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has released a new educational video to remind employers that they should not re-verify the employment authorization of lawful permanent resident workers when their Permanent Resident Cards expire. OSC’s new video illustrates that this practice is not permissible and may lead to a violation of the anti-discrimination provision. Watch the video in Spanish and English here
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