Florida Attorney

Published on: December 27, 2012

The Risks Associated with Hiring Illegal Aliens

Over the past few years, the Obama Administration has been heavily cracking down on employers who hire illegal aliens, making it extremely risky for companies to employ undocumented workers.In 2012, the Department of Homeland Security (DHS) ordered numerous companies to provide them with their employment records for review and inspection. While these “silent raids” have not been publically announced, a spokesperson from Immigration and Customs Enforcement (ICE, an agency of the DHS) confirmed that as of the end of March 2012, more than 475 companies of all types have been asked to turn over their employment eligibility forms and other documents for audit purposes. Although the ICE does not publically identify businesses that are under investigation, they assert that no industry is immune from government scrutiny.

Ever since 2009, the Obama administration has issued hundreds of millions of dollars in penalties and criminal fines to corporations that were caught hiring illegal aliens. For example, the ICE sentenced a Miami subcontractor to almost two years in federal prison for employing and concealing undocumented workers. Another business owner in Virginia received a 30-month sentence in federal prison for conspiring to harbor illegal aliens. Lastly, a furniture storeowner in California received hefty fines and criminal penalties for employing illegal workers and then rehiring them after the ICE completed its audit.

Despite the more recent crack-down on hiring undocumented workers, the Illegal Reform and Control Act (ICRA) has since 1986 made it illegal for an employer in the United States to knowingly employ and/or conceal illegal aliens or who fail to properly complete I-9 forms for employees. Under the ICRA, employers must act in good faith when hiring workers, but will not be subject to fines or criminal punishment if an employee provides convincing, but false documentation as to his or her citizenship status.

Published on: December 20, 2012

Non-Compete Agreements Continue to Evolve in Florida

By Mavrick Law Firm

DePuy Orthopaedics, Inc. v. Waxman

Under common law, non-compete clauses and agreements were generally rendered void and unenforceable as contrary to public policy and as unlawful restraints on trade. However, over the past several decades, the Florida Legislature has begun to loosen the reins on employers in allowing non-compete agreements to stand. Although earlier state laws greatly restricted the use of non-compete agreements, Section 542.335 of the Florida Statutes was drafted with a specific legislative purpose in mind. It allows employers to use non-compete clauses to prevent employees from the following:

Obtaining sensitive trade and business secrets

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Published on: November 26, 2012

The Legalities Surrounding the Removal of a Business Partner

By Mavrick Law Firm

If you are in a business partnership with someone that seems to be failing, it is probably time to start reevaluating things. Perhaps you decided to partner up with someone based upon his or her skill-set or willingness to take on the responsibilities associated with running a successful business. However, if you answer yes to one or more of the following, it may be time to take command of your business and let the partner go:

You and your partner do not communicate effectively when problems arise.
You and your partner disagree about fundamental issues facing your business.

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