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7th Circuit affirms lower court in appeal over firing

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The 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment because of her husband’s immigration status.

In  Kristi J. Cortezano v. Salin Bank & Trust Company, No. 11-1631, Kristin Cortezano appealed a ruling from the United States District Court, Southern District of Indiana, Indianapolis Division. The District Court had granted summary judgment in favor of Salin Bank & Trust Company in Cortezano’s complaint against the company.

Cortezano worked for Salin Bank while married to a Mexican man who lived in Indiana but did not have proper authorization to be in the United States. When her husband wanted to start a business, Cortezano helped him open bank accounts with Salin. But the business venture floundered and Cortezano’s husband returned to Mexico to sort out his immigration status.

Cortezano told her supervisor about her husband’s status, and the supervisor told Salin’s security officer, Mike Hubbs. In an initial meeting with Cortezano, Hubbs surmised that the husband must have used fraudulent documents to open the bank accounts and he told Cortezano he would file an internal suspicious activity report.

Salin ultimately fired Cortezano, and she argued that her termination violated Title VII of the Civil Rights Act of 1964. The 7th Circuit Court of Appeals, however, held that Salin fired Cortezano because of her husband’s immigration status, not because of his race or national origin. It affirmed the District Court in all regards and remanded to strike from the record the names of Cortezano’s three children, as the District Court had not previously ruled on that motion.

 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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