Company won't hire me because of EAD. What to do?
 

So, I've been working as a contractor in an oil company as part of their IT technical support department for over a year now.
I was contracted by a staffing agency, who writes my paychecks, in a contract-to-hire position -- initially I had been told that after 6 months, the company could offer a position so I could transition as an employee. That was seven months ago and when the time came by, the staffing agency said the company couldn't offer me a position because of my EAD. I disclosed my status to them because I figured they would eventually know when they read "Valid for work only with DHS Authorization" so I wanted to skip all the explaining and come clean. Now I know I shouldn't had done that but I didn't know better back then :roll:

I asked my supervisor for a meeting this week so I can ask questions in regard with my position as a contractor -- their reasoning for not offering a position as an employee is because they can't risk having someone onboard and then losing them because of deportation/changes with my EAD/etc. And while that makes somewhat sense, I just renewed my EAD and it won't expire until Feb/2021 and they know that. So before I have this meeting with my boss, I wanted to get some feedback from you guys:

- Am I being discriminated? Of course, I don't plan on telling my boss I could sue them if they won't hire me. But, if this is the case, where do I go from here? :|
- It sucks not being payed on holidays, or having paid vacations. God knows how many hours I've gathered in 13 months which I can't use. Again, I've worked over a year now and I was promised by the staffing agency that my EAD wouldn't be an issue to be hired by the company. My contact back then no longer works in the staffing agency unfortunately, so I'm not sure whether this was a mistake of hers for saying this or my current contact is just ignorant about the matter.
- In case my boss affirms their position not to hire me, what are my best options? I was thinking to ask for a raise then. But again, I don't want to settle with just a raise, but rather transition as an employee of the company.

Thanks in advance for your feedback :-)

Re: Company won't hire me because of EAD. What to do?
 

I think this is illegal. I would keep records of them denying you the job like emails saying " due to your DACA status we cannot hire you" recorded voice calls everything you can use as evidence.

One of my lawyers once told me that if this happened to me he could find a really good lawyer and become rich

Re: Company won't hire me because of EAD. What to do?
 

lawsuit

Re: Company won't hire me because of EAD. What to do?
 

Time to get that money. To me that is discrimination as you are legally allowed to worked in the US for the duration of your EAD

Re: Company won't hire me because of EAD. What to do?
 

Start writing down details on when, where and with whom the conversations occurred regarding your EAD. Try to get something down on email with a supervisor and HR representative, print those out.It's quite clear that they won't take you back and it's not a company that you want to work with. Get a good lawyer and you are looking at a pretty fat check.

Re: Company won't hire me because of EAD. What to do?
 

If it’s not a government job which requires being USC then I think the H.R person maybe misinformed. They aren’t used to hiring DACAers and they can’t tell you which docs to show based on that I-9 laws.

Re: Company won't hire me because of EAD. What to do?
 

Get a hold of MALDEF

Re: Company won't hire me because of EAD. What to do?
 

Potentially a ton of money to be had on this. Make sure you document everything (most importantly emails).

Re: Company won't hire me because of EAD. What to do?
 

Lawsuit.

Re: Company won't hire me because of EAD. What to do?
 

Daca holders can be legally be discriminated. Let me find you guys the post that summarizes it