- Office of Administrative Trials and Hearings (OATH)
The Law Office of Mario Vásquez handles cases that go through the Office of Administrative Trials and Hearings (OATH) of New York. This entity is the City's central independent administrative law court that provides due process in cases that originate from numerous enforcement agencies in a forum that is in fact and in appearance truly neutral and unbiased.
- The OATH Tribunal responsible for hearing disciplinary cases against civil servants from various New York City Agencies.
- The OATH Health Tribunal oversees cases involving health code violations within New York City. It specifically handles appeals against Notices of Violation that have been issued by the New York City Department of Health and Mental Hygiene (DOHMH).
- The OATH Environmental Control Board is a tribunal that provides hearings on notices of violations on laws and statutes aimed at protecting the environment and the public safety and health.
- Civil Service Commission
The Law Office of Mario Vásquez handles civil service appeals. These types of cases usually go through the New York City Civil Service Commission or CSC, which is an independent, non-mayoral city agency authorized by section 813 of the New York City Charter, to hear and decide appeals from certain determinations made by other City agencies under the New York State Civil Service Law.
The CSC usually handles appeals that fall into two categories:
The CSC may, however, hear appeals from other agency determinations.
- Appeals by applicants or appointees who have been disqualified for character, medical, psychological or other reasons affecting their eligibility for appointment in accordance with Section 50 of the Civil Service Law.
- Appeals by City employees who have been disciplined for misconduct or incompetence in accordance with sections 75 and 76 of the Civil Service Law.
Arbitration and Mediation
The Law Office of Mario Vásquez represents clients in the full range of arbitration and mediation. These methods have become more common in any type of disputes as they are time and cost-effective ways to reach a resolution.
In arbitration, a neutral party (the arbitrator or arbiter) is brought in to listen to the evidence of all the involved parties and determine the actions that should be taken to resolve the matter. Mediation is similar to arbitration but in this case the neutral party (the mediator) helps the parties negotiate and agree to a resolution.
There are many advantages and disadvantages of the different forms of alternative dispute resolution and it is important to determine which one is the best in every case.
Civil rights law deals with the protections and liberties enjoyed by the American people. These rights are designed to ensure that people are treated equally regardless of their race, gender, age, sexual orientation or other such attributes. They also guard against overly intrusive conduct by the government. Government actors are not permitted to make decisions arbitrarily, or to deprive individuals of their lives or property without affording them due process of law. Mario Vasquez & Associates has successfully obtained financial compensation for victims of civil right violations.
Examples of such violations include:
- Excessive Force and Other Police Misconduct
One of the most common types of private lawsuits alleging civil rights violations results from improper conduct by law enforcement. Victims can bring claims based on excessive force or brutality, illegal searches and seizures, false arrests, malicious prosecutions, unjustified police shootings, and other abuses of power. These lawsuits can be directed against the individual police officers involved in the incident, or against the entire department when the conduct is more systemic.
- Prison Abuse Cases
The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment. With more than two million Americans now behind bars, the Eighth Amendment is just as relevant today as it was when it was ratified in the year 1791. The rapid growth of the U.S. prison population has led to overcrowding, and in turn, deplorable and sometimes dangerous conditions for inmates. Inmates who have suffered injury or have otherwise been harmed as a result of prison conditions and/or by the illegal acts of corrections officers may have a right to financial or injunctive relief. The deadline for filing a case for prison abuse is very short so it is important to act quickly.
Employment laws are created to protect employees from illegal action taking place at work. However, employees may find themselves in a hostile or uncomfortable work environment. The Law Office of Mario Vásquez handles a broad range of employment representation including wrongful termination, employment discrimination, wage claims, among others.
- Wrongful Termination
Wrongful termination occurs every time an employer releases a worker from employment in violation of his/her federal or state rights. Illegal reasons for this act may include age, religion, race, gender identity or sexual orientation or simple retaliation. The Law Office of Mario Vásquez helps the clients reviewing the circumstances of leading to the situation to determine if wrongful termination has merit.
- Employment Discrimination
Many local, state and federal laws ensure employers are barred from discriminating employees based on age, religion, race, gender identity or sexual orientation, at any stage of the employment process which includes: hiring, salary, demotion or promotion, fringe benefits, retirement plans and pay. It also includes the use of criminal or credit background to make employment decisions. The Law Office of Mario Vásquez has experience representing employees with a broad range of discrimination claims.
Personal Injury Law
- Automobile Accidents
The Law Office of Mario Vásquez helps clients involved in any kind of car accidents to take the appropriate legal actions and get the right compensation. Compensation claims include several types of damages such as medical expenses, property damage and loss, lost wages, pain and suffering, and wrongful death.
- Slip and Fall
A slip and fall injury is a common occurrence with victims suffering serious injuries that can even result in wrongful death. These types of accidents may occur at someone’s property or in a public location and they can be prevented with proper maintenance. The Law Office of Mario Vásquez helps clients to determine any damages are owed for negligence of a property or business owner. Options to get the rightful compensation include settlement of an agreement or to take the claim to court and prove the case.
- Permanent Residency Application
The Law Office of Mario Vásquez is familiar with the United States Immigration process and has enough experience to maximize the chances of success during the complex process. Foreign nationals may legally enter the United States through non-immigrant visas or by attaining Permanent Residence status whereby an individual receives a Green Card. Individuals may be granted a green card by the USCIS through different ways:
- Employment: Where a legitimate employer in the U.S. offers sponsorship to a foreign national. Individuals may also apply in the investor, self-petitioner, or “special job” categories.
- Family: Where an U.S. citizen sponsors an immediate relative to live and work in the U.S. This category includes spouses, children, parents and siblings.
- Refugee status or asylum: Where individuals in the U.S. do not want to return to their native country for persecution based on race, religion or political standing.
There are several other methods to apply for a permanent residency and it is important to analyze each case to determine the most appropriate route to implement.
The Law Office of Mario Vásquez serves clients seeking non-immigrant visas and represents them before the Citizenship and Immigration Services, the Executive Office for Immigration Review, the Administrative Appeals Unit and the Board of Immigration Appeals. The purpose of the individual’s travel and other factors determine the type of visa required.
- F-1 J-1 M-1 STUDENT VISAS
- V-VISAS for pending Green Card Cases
- B-1 B-2 VISITOR VISAS
- Deportation Defense
The Law Office of Mario Vásquez has successfully helped clients in deportation or removal cases.
An individual may become subject of deportation/removal if he/she has:
- Overstayed the terms of the non-immigrant visa
- Broken other laws
- Entered the U.S. without documentation
- Misled authorities in a nonimmigrant or permanent resident application
The deportation/removal proceedings start when an individual has received a notice to appear before an immigration judge, received a visit from Immigration and Customs Enforcement, or been subject of criminal investigation.
The Immigration and Nationality Act (INA) provides several forms of relief that can be requested in an immigration court. A deportation defense attorney may increase the chances of an individual to remain in the United States.
The Law office of Mario Vásquez advises permanents residents interested in United States Citizenship about the naturalization process. Applicants for citizenship must prove that they qualify based certain criteria:
- Residence and Physical Presence
- Good Moral Character
- Knowledge of English language, U.S. History and Government
- Loyalty to the United States
Becoming an U.S. citizenship brings benefits that include the right to vote, traveling the world with an U.S. passport and make petitions for their parents, siblings, or for married children.
A person physically in the United States, who expresses a fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group, is eligible to apply for asylum.
To seek legal protection from deportation, asylum seekers must:
- Be outside their country of nationality.
- Be afraid of persecution by the government in the native country.
- Be harmed or fear harm by parts of the government. The police and the army are parts of the government. Harm by right-wing or left-wing political groups or religious zealots that the government is “unable or unwilling to control” also meets the demands of asylum laws.
- Be affected by at least one of several defined conditions. As suggested above, these conditions are: political opinion, race, religion, nationality, and social group in the countyr of origin (for example, homosexuals).
- Not be a danger to the community. For example having committed “particularly serious crimes,” pose threats to national security, or who have committed war crimes or “crimes against humanity.”
The Law Office of Mario Vásquez has experience representing private and charitable organizations. The office assists clients in the formation of corporate entities and determining the most suitable type of organization according to their needs, profit, non-profit, LLC, etc. We also assist in amendments to corporate filings, dissolutions and other corporate matters.
- Tax Exemption
Many if not most nonprofit organization seek to obtain tax exemption for the work they do and for the contributions of those who sponsor them. However, a non-profit does not automatically become exempt from federal or state taxes. The organization must meet certain requirements as dictated by the New York State and the US Internal Revenue Service. These include a strict mandate that none of the individuals involved with the organization may profit from it, attempt to influence legislation, or participate in any political campaign activity. It can take 3-12 moths for the IRS to decide after an application for tax exemption has been filed. The Law Office of Mario Vásquez represents clients in audits by the IRS and the state and local tax authorities.
- Drafting of Corporate DocumentsIncorporation entails drafting legal documents with important information about the internal management of the organization. These documents need to be prepared specifically to meet each organization’s purpose. The Law Office of Mario Vásquez works with clients in the process of drafting all the necessary documents to form the structure of the organization.
- Contract Preparation and Review
Contracts are important elements for business’s operations. A well-prepared contract describes what is expected for each party in clear and unambiguous terms. The Law Office of Mario Vásquez offers counsel from the preparation of a contract to reviewing and negotiating terms in a full range of business contracts that include:
- Corporate Agreements
- Real State
A breach of contract is a failure to perform any promise that is part of a contract. It can be material or immaterial depending on the type of damages caused. The Law Office of Mario Vásquez handles all types of business disputes including claims on contract breach. Not all breaches invalidate contracts and hence it is important to seek legal counsel to set the actions to take.
- Contract Preparation and Review: Contracts are important elements for business’s operations. A well-prepared contract describes what is expected for each party in clear and unambiguous terms. The Law Office of Mario Vásquez offers counsel from the preparation of a contract to reviewing and negotiating terms in a full range of business contracts that include:
- Corporate Agreements
- Real State
Sale and Purchase of Real Estate
The Law Office of Mario Vásquez has served clients in a broad range of real estate cases that include, but are not limited to:
- Purchase of residential or commercial real estate
- Sale of residential or commercial real estate
- Drafting and reviewing property purchase agreements
When a party refuses to comply with the terms of the agreement, it is recommended seeking real estate law counseling to analyze the case.