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Recent Blog Posts

How Can an Employment Contract Protect a Physician in Illinois?

 Posted on June 26, 2020 in Employment Law

Oak Brook employment lawyerA physician’s job can be one of the most challenging careers a person can embark on. To become a licensed doctor, a person must go through years of schooling, rigorous training, and testing before being certified to practice medicine. However, like many other occupations, physicians who work for a hospital or practice may be required to sign an employment contract. These legal documents often contain complicated language regarding important issues, such as medical malpractice. Therefore, it is essential that a skilled legal professional reviews the details of the contract before you sign it. An attorney can protect your rights and negotiate the terms of your employment in the event you leave or are terminated for any reason. 

Non-Compete and Non-Solicitation Agreements

A non-compete agreement or clause in the medical field is similar to one in the business world. This document states that a doctor agrees not to work for another medical practice or hospital within a specified amount of time after leaving his or her job. Non-compete agreements can specify a duration between one and five years after a doctor leaves a practice.

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What Should Be Included in a Severance Agreement for a Professional?

 Posted on May 28, 2020 in Employment Law

Aurora employment lawyer for severance packagesThe end of employment after many years at one company can bring on many feelings for an employee. He or she may be angry, sad, shocked, or even relieved. Being terminated or “let go” can often come as a surprise if the employer suddenly had to downsize. In certain situations, an employer may offer a severance package to the dismissed employee. A severance agreement is a legal document that outlines the responsibilities and rights of each party involved. It generally provides a certain amount of severance pay for the employee in return for meeting certain requirements. For professionals who are at the executive level, it is imperative to have an experienced attorney review the terms of this type of agreement before signing it. 

What Is Severance?  

A severance package typically includes a portion of an employee’s salary, as well as certain additional benefits. The severance agreement offered by the employer may release the company from liability, including wrongful termination lawsuits or claims of sexual harassment or discrimination. It may also include non-compete, non-disclosure, and non-solicitation agreements that place restrictions on the former employee.

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How Is a Spousal Support Order Enforced in an Illinois Divorce?

 Posted on April 23, 2020 in Family Law

Oak Brook spousal maintenance attorneyAlthough many people do not expect their marriage to end in divorce, statistics show that approximately 40-50 percent of U.S. marriages do not stand the test of time. Regardless of the reasons for wanting to legally end their union, there are many decisions that a couple needs to make before they can finalize their divorce, including the division of property, spousal support, or child-related issues. Under Illinois law, a spouse may ask the court to order the other spouse to pay spousal maintenance (alimony). However, in some cases, the ex-spouse may fail to follow the order. That is why it is important to have an experienced family law attorney help you enforce the order and protect your rights to this type of financial support.

How Are Support Payments Made?

In many divorce cases, one spouse is awarded spousal support to ease the transition to living on one income instead of two. For example, if one partner gave up a career to raise children during the marriage, he or she may be at a disadvantage financially immediately following the divorce. Spousal support is typically meant to last until the spouse obtains employment or becomes self-sufficient. The court may order these payments to be made for a designated amount of time, or in some instances, for an indefinite period. 

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What Actions Constitute Unlawful Use of a Weapon in Illinois?

 Posted on March 25, 2020 in Criminal Defense

Oak Brook weapons offenses lawyer The Second Amendment of the U.S. Constitution gives Americans the right to keep and bear arms. However, federal and state laws regulate who can own and possess guns and other types of weapons. Under Illinois’ Concealed Carry Act, individuals must have a permit to carry a gun in public. In addition, all gun owners must have a Firearm Owner’s Identification Card (FOID). Carrying a gun without the required paperwork can result in fines and even jail time. There are additional actions that constitute the unlawful use of a weapon (UUW). In some cases, a person may not realize his or her actions are illegal. That is why it is important for all Illinois residents to understand the laws since violations can result in serious criminal charges

Illegal Weapons Use

There are many ways that an individual can commit actions that result in charges for the unlawful use of a weapon. In addition to not having a valid permit or FOID, a gun owner may face UUW charges if he or she has a loaded gun accessible in his or her car. Unloaded firearms with ammo readily available in a vehicle may also result in UUW charges. In addition, a person under the age of 21 cannot possess a firearm. 

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When Are Non-Compete or Non-Solicitation Clauses Unenforceable?

 Posted on February 25, 2020 in Employment Law

Schaumburg employment lawyer for non-compete clausesStarting a new job can be exciting and nerve-wracking at the same time. In many cases, companies require new employees to sign an employment contract. This legal document includes information on salary, paid time off, job duties, benefits, and more. A contract may also include a “non-compete” clause. Essentially, this means that a worker cannot leave the company and go work for a competitor. These clauses protect businesses from employees taking specific information, skills, and client data and using it against them while working at another company. Similarly, a non-solicitation clause prevents a worker from contacting other workers at the same company or customers of the employer in an attempt to lure them to a competitor. It is imperative that an experienced business law attorney reviews these contracts in order to protect an employee’s rights.  

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Attorneys Omar F. Khan and Faraz Nayyar Named Rising Stars of 2020 by Super Lawyers

 Posted on February 03, 2020 in Awards

Westmont crimmigration attorney Super Lawyers Rising Stars 2020

The law firm of Khan Nayyar & Associates, LLC in Oakbrook Terrace is proud to announce that two of our attorneys/partners were selected as Rising Stars of 2020 by Super Lawyers. Attorney Omar F. Khan received the distinct honor for his work in Immigration. Attorney Faraz Nayyar was honored for his efforts in Employment and Labor law. 

Rising Stars Selection Process

Super Lawyers is a rating service compiled of outstanding lawyers from more than 70 practice areas who have acquired a high caliber of peer recognition and professional performance. Super Lawyers’ Rising Stars selection process includes independent research, plus peer nominations and evaluations. To be eligible for inclusion in Rising Stars, a candidate must be 40 years old or younger or have been in practice for 10 years or less. 

Omar F. Khan

Attorney Khan’s practice areas are focused on Immigration Law and Criminal Defense. Before founding Khan Nayyar & Associates, Omar was an Assistant State’s Attorney for the Winnebago County State’s Attorney Office. Prior to that, he was a law clerk for Judge J. Edward Prochaska in the 17th Judicial Circuit Court of Illinois.

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What Are the Consequences of Late Child Support Payments in Illinois?

 Posted on January 22, 2020 in Family Law

Westmont child support attorneyMost couples enter into marriage thinking it will last “til death do us part.” Although that may have been more common years ago, statistics show that almost half of all marriages in the United States now end in divorce. Once the decision has been made to legally terminate a marriage, there are many issues that need to be resolved, such as asset and property division, spousal maintenance, and child support if a couple had children together. Child support in Illinois is determined based on several factors, and one question parents might have is what will happen if the paying parent falls behind on payments or refuses to pay altogether? Regardless of the reasons why a non-custodial parent may not be paying, he or she may face legal ramifications. 

Parental and Legal Obligations

Every parent is responsible for the emotional and financial well-being of their children, whether they are married, divorced, separated, or were never married. Several laws are in place to make sure children receive what they need to live a healthy and happy life. In most cases, the parent with the majority of the parenting time (the custodial parent) will receive child support payments from the other parent (the non-custodial parent). 

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How Does the New Illinois Marijuana Law Affect Immigration?

 Posted on January 16, 2020 in Immigration

Elmhurst criminal defense lawyer for marijuana and immigrationThe state of Illinois passed several new laws that went into effect on January 1, 2020. One of the more notable laws made it legal for people 21 and over to purchase and use recreational marijuana. An Illinois adult can possess up to 30 grams (approximately one ounce) of the cannabis flower. A person can use marijuana in his or her own home and on-site in certain marijuana-related businesses.

Although marijuana is now legal in Illinois, it is essential to understand how the new law relates to U.S. immigration if you are currently living in the country (or visiting) as a non-citizen (i.e., you are not a U.S. Citizen).

Previous Convictions for Non-Citizens

The new Illinois marijuana law also affects people who had previous convictions for possession of the drug. As of January 1, 2020, those who were charged with having under 30 grams of cannabis prior to legalization will have their records automatically expunged if the charges were dismissed or if they were acquitted. Those who were convicted of possession of less than 30 grams will have their records referred to the state’s Prisoner Review Board and then to Illinois Governor J.B. Pritzker for a pardon. However, the convictions must not have involved a violent crime. 

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Common Ways People From Cape Town Immigrate to the United States

 Posted on December 17, 2019 in Immigration

Cape Town, South Africa immigration attorneyImmigration has been an integral part of the United States since the Europeans discovered the “New World” in the 1400s. Each year, the U.S. sees tens of millions of visitors from around the world, many of them staying in the country long-term or permanently. Though some of the biggest immigrant populations in the U.S. are comprised of people from countries such as Mexico, China, and India, there has been an increase in recent years in the number of immigrants from African countries. The majority of African immigrants are from sub-Saharan countries, and one that is rapidly growing is South Africa. Estimates from the Migration Policy Institute show that there were thought to be around 100,000 immigrants from South Africa living in the U.S. in 2017.

Family-Based Visas

Family-based immigration is one of the more popular ways to immigrate to the U.S., no matter the country you are emigrating from. You may be eligible to receive a family-based visa if you are:

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How Can I Reinstate My Driver’s License After an Illinois DUI?

 Posted on November 18, 2019 in Criminal Defense

Westmont DUI license reinstatement attorney

By far, one of the most common ways that Illinoisians lose their driving privileges is by being arrested or convicted of driving under the influence (DUI). Illinois law states that any person who fails, refuses to submit to, or does not complete a chemical test to determine their blood-alcohol content (BAC) is subject to a statutory summary suspension of their license. This suspension length is six months for a failed chemical test, meaning a driver’s BAC was 0.08 or higher. If a driver refuses to take a chemical test, they will have their driver’s license suspended for one year. Statutory summary suspensions are administrative actions, independent from any criminal actions taken against a person’s driver’s license due to being convicted of DUI. 

Losing your driving privileges can make life extremely difficult because you most likely depend on your ability to drive to get yourself to and from work. If your driver’s license has been suspended or revoked because of a DUI arrest or charge, do not fret. You can get your license back with a little bit of effort and the assistance of a skilled attorney. In any case, you will have to attend either a formal or informal hearing to have your license reinstated. The type of hearing required to get you back behind the wheel depends on the nature of your revocation or suspension.

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