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Ross Fired my cousin! - Page 2

#11
07-07-2013, 08:06 PM
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anaananata
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that manager doesnt know anything.
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Last edited by anaananata; 07-07-2013 at 08:08 PM..
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#12
07-07-2013, 08:13 PM
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Happyman0607
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Quote:
Originally Posted by TexasDreamy View Post
Oh so she didn't work? That's fine then.

Anyway, it's perfectly legal for them to fire/refuse to hire her based on her immigration status as our particular status isn't protected against that (iirc).
Actually it's illegal to fire someone because of their status, it says it on the USCIS site and to call and report it if discrimination is occurring where are you getting your infro from miss?
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#13
07-07-2013, 09:01 PM
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Dark Apotheosis
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I researched this issue some months ago. Some people suggested that the thread be stickied. I think it should.

http://dreamact.info/forum/showthread.php?t=37048

Pretty much: non-immigrant aliens are not protected against discrimination under the law. An employer can refuse you employment because your authorization is not permanent.

We are protected against all other types of discrimination, though -- racial, ethnic, religious, etc.
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#14
07-07-2013, 09:44 PM
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Quote:
Originally Posted by Dark Apotheosis View Post
I researched this issue some months ago. Some people suggested that the thread be stickied. I think it should.

http://dreamact.info/forum/showthread.php?t=37048

Pretty much: non-immigrant aliens are not protected against discrimination under the law. An employer can refuse you employment because your authorization is not permanent.

We are protected against all other types of discrimination, though -- racial, ethnic, religious, etc.
Damn dude it's Sunday, leave the bad news for Monday.
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#15
07-07-2013, 10:09 PM
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TexasDreamy
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Quote:
Originally Posted by Happyman0607 View Post
Actually it's illegal to fire someone because of their status, it says it on the USCIS site and to call and report it if discrimination is occurring where are you getting your infro from miss?
(Mister)

Anyway, look here.

Quote:
Originally Posted by USCIS
Employers must not discriminate with respect to hiring, firing or recruitment or referral for a fee against individuals because they are or are not U.S. citizens or because of their immigration status or type of employment authorization
Who is protected:

Quote:
U.S. citizens, recent permanent residents, asylees and refugees
Note that we are neither USC, LPR, asylees, or refugees.

Look at the "Who is protected?" column following all other types of discrimination other than the immigration status column -- they all have this text:

Quote:
All employment-authorized individuals
IANAL, but my reading of this is that employers may refuse to hire you because you don't have the right kind of immigration status.
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#16
07-08-2013, 11:23 AM
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Quote:
Originally Posted by eric_prec View Post
Heres the Background story:
http://dreamact.info/forum/showthread.php?t=58276

So basically she got a letter today that she was fired and that she was employed for a week even though she never really went to work because the manager told her she needed to show a visa and wouldn't accept the EAD card as proof to legally work. Is there anything she can do? After the manager told her she needed a visa she got a bad vibe and simply decided not to work there which is why she didn't go back and complain. Will the firing stay in her record? They even sent her a check with $0 and the dates of employment.
First, contact the EEOC because she WAS discriminated because of her legal status, and don't worry about the record, worst-case scenario she has to explain that Ross discriminated her for not being a USC or LPR. Again, TALK TO THE EEOC, nobody else can help.
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#17
07-08-2013, 11:48 AM
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Quote:
Citizenship Discrimination & Workplace Laws
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.

IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.

IRCA’s nondiscrimination requirements are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division. OSC may be reached at:

1-800-255-7688 (voice for employees/applicants),
1-800-237-2515 (TTY for employees/applicants),
1-800-255-8155 (voice for employers), or
1-800-362-2735 (TTY for employers), or
http://www.usdoj.gov/crt/osc.
From the EEOC website.
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#18
07-08-2013, 01:30 PM
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eRkah
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As per USCIS's own guidelines for Employers regarding DACA:

Quote:
If a deferred action recipient presents an unexpired EAD to complete the Form I-9, an employer should accept it. The card must reasonably appear to be genuine and relate to the deferred action recipient presenting it. The information will appear as indicated on the card (as indicated on the image on the right).

The employer must comply with Form I-9 instructions and enter the document title, number, and expiration date in Section 2 under List A. The employer may not request that the employee provide additional proof that his or her case has been deferred or that he or she is authorized to work.
So I think there is discrimination going on here. I don't think your cousin should sue just yet however. She should request a letter explaining why she was fired. And most importantly, she should first try to escalate the issue with the company's corporate HR office. Most large companies have these offices with better-trained individuals. She should warn them that she will file for discrimination if they ignore her complaint.
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#19
07-08-2013, 02:08 PM
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Quote:
Originally Posted by eRkah View Post
As per USCIS's own guidelines for Employers regarding DACA:



So I think there is discrimination going on here. I don't think your cousin should sue just yet however. She should request a letter explaining why she was fired. And most importantly, she should first try to escalate the issue with the company's corporate HR office. Most large companies have these offices with better-trained individuals. She should warn them that she will file for discrimination if they ignore her complaint.
She should file a complaint, not only for her but for the rest of us. Maybe EEOC will make sure that all companies understand that DACA is like another work permit.
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#20
07-08-2013, 02:44 PM
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She doesn't have a green card. She's only got her EAD by the grace of god because of the mercy of the President and an upcoming election and you guys want her to go to the news?

Here is what she should do: Pick up a stick and throw it. Chances are it will hit another crappy retailer where she can make minimum wage. Move on.
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