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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Audit firings to guard against bias suits
- Being placed on performance improvement plan isn't grounds to claim 'constructive discharge'
- When conducting bias investigations, you don't need to be perfect--just reasonable
- Moonlighting may not disqualify employee from CFRA leave