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
- No requirement to tell about drug retest rights
- Individual assessment—Not diagnosis—Key to ADA disability
- When employee threatens, you can and should discipline--regardless of reason
- Just-departed worker owes us money: Can we dock (or withhold) his final paycheck?