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DAP Forums > DREAM Act > The Lounge

Got fired today despite having DACA - Page 2

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#11
10-02-2014, 06:40 PM
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Quote:
Originally Posted by Azul View Post
They didn't know I was under DACA. The human resource manager emailed me a week ago to inquiry about my employment card since it expires in April or March, and so she wanted to know what happens to me after it expired. I told her that I have sent in an application for renewal.

She then asked me if I was here under a student visa, I was hesitant to tell her that I was under DACA, but I did anyway in case they decided to look more into it, and so, if they did, I didn't want them to think I was lying.


They told me they want me back if I ever get legal residence, and they offered me letters of recommendation. At least I have that.

I guess I wasn't fired per se, more like laid off as they are letting me to continue working there until the end of this month.
I'd go see a lawyer. Take the letters then sue their pants off.
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#12
10-02-2014, 07:30 PM
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Hmm. What benefits do you get under the contractual agreement? If they fired you before your contract ended then it was a breach of faith in their part and you could sue them in civil court. If not, then its likely they violated the Equal Employment Opportunity Act by firing you based on your immigration status, there are exceptions to the law (like government work that requires US Citizenship) but in your case, they hired you and then fired you upon learning of your immigration status; that's illegal, you can get an attorney and file a complaint to the department of labor.
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#13
10-02-2014, 07:43 PM
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Can you specify the "field" you are in, without that information you make it hard for us to give any proper advice to your situation.
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#14
10-02-2014, 07:49 PM
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It's a wellness tech company. I have access to people's Health information, addresses, phone numbers, social security numbers, etc.

I don't think it's against the law what they did, because they said it had to do with their security policy.

But regardless, I don't want to burn any bridges. I was treated very well there, and my manager made it clear she wasn't happy about me having to leave and asked me to come back if my status ever changes.
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#15
10-02-2014, 09:24 PM
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Quote:
Originally Posted by Azul View Post
They didn't know I was under DACA. The human resource manager emailed me a week ago to inquiry about my employment card since it expires in April or March, and so she wanted to know what happens to me after it expired. I told her that I have sent in an application for renewal.

She then asked me if I was here under a student visa, I was hesitant to tell her that I was under DACA, but I did anyway in case they decided to look more into it, and so, if they did, I didn't want them to think I was lying.


They told me they want me back if I ever get legal residence, and they offered me letters of recommendation. At least I have that.

I guess I wasn't fired per se, more like laid off as they are letting me to continue working there until the end of this month.
So when they ask you you're under a student visa, they're looking for a yes or no answer. Next time don't tell them anything about DACA. Learn from this. These people are uneducated about immigration laws because they haven't had to deal with this as much as us. If they fired you mainly because of "DACA" then they don't know what they have done. There were completely misinformed. Employers don't like candidates with student visas at all. Take this as a learning experience and don't regret it that much. It's a contract job anyway. But for your next job, play it smart and play dirty. Tell them straight up you're authorized to work in the United States if they ask for your "status."
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#16
10-02-2014, 10:39 PM
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Quote:
Originally Posted by Azul View Post
It's a wellness tech company. I have access to people's Health information, addresses, phone numbers, social security numbers, etc.

I don't think it's against the law what they did, because they said it had to do with their security policy.

But regardless, I don't want to burn any bridges. I was treated very well there, and my manager made it clear she wasn't happy about me having to leave and asked me to come back if my status ever changes.
i still don't understand why you need a green card to have access to that information? Does that automatically make you more liable or more trustworthy? I'd sue and as of right now it doesn't look like ANYONES getting any green cards anytime soon so you might as well forget that job for atleast 5 years +
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#17
10-02-2014, 11:04 PM
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Yeah, it's bullshit my friend. I work at a hospital, and I have complete access to people's health information, addresses, phone numbers, social security numbers, etc. too. Wasn't a problem for my employer that I had DACA.

No way this is legal - you have lawful presence, as specified by the USCIS. You cannot be fired because of your immigration status, unless this job specifically requires US Citizenship (FBI, CIA, most government posts, etc.) Sounds like you really liked working for them though, and they did offer employment after your status was normalized...
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#18
10-02-2014, 11:26 PM
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and yeah don't believe the "come back when you a greencard" story, it is bs, been there done that. What you need to do is get a letter from a lawyer or you do it yourself, where it clearly explains the situation including how this fireing could be illegal, and that you understand the concern but that you are well within the bounaries, and that you what they did without knowing is forgibable beacuse of the lack knowledge of the laws regarding immgiration, but that it act illigal act what they are doing, and that if at all possible you kindly ask to reconsider their desition, and that you do no mean any inconvenient for them but that you are under your boundaries to request so as it is a job that you really need, otherwise.And you can tell them that they can't possibly have a policy against daca since they never came across it before. And make sure it is kindly written without disrespect. And that you understand their concern but it is all 100% legal.
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#19
10-02-2014, 11:27 PM
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when I say been there done that, it means I was told similar story one time, when I didn't have any status. They said... you can come back any time when you get status. When I got daca, and went there, and didn't even want to see me!.
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#20
10-02-2014, 11:40 PM
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oh yeah, and you can wait until you have like a week or week and a half left, before they find someone else, but when you have worked enough within this month to make some cash, in case there is a backlash. But seriously you should educate them, and tell them you don't mean to doubt them but they can't possibly have a policy against data, since obviously they never dealt with it before otherwise you wouldn't have been hired in the first place.
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