Organizations that employ foreign workers on H-1B visas must now take an extra step when terminating them: notifying the federal government. Example: A software company hired a programmer on a H-1B visa but fired him after eight days. The employee didn't leave the United States until months later. Since the company never notified the U.S. Citizenship and Immigration Service, the firing was never official, so the company owed the worker more than $45,000 in back pay. (Matter of Ken Technologies Inc., No. 2003-LCA-0015, 2003)
- Don't be fooled: 'Quit or be fired' won't stop employee from filing lawsuit
- Labor alert! The NLRA can apply to nonunion employers, too
- Just quitting isn't 'constructive discharge'
- Double-check all commission agreements! You could be liable for more than you think
- Build a legal wall against the flood of retaliation lawsuits