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
- When it comes to discrimination lawsuits, the clock starts ticking with firing date
- Employer must show reasonable basis for 'Honest belief'
- When employee complains about bias, take control ASAP to prevent retaliation
- Understanding religious accommodations in Ohio workplaces