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Old 11-05-2006, 01:21 AM   #1 (permalink)
Airborne83x
 
Posts: 31
Default A non Marriage based visa question but look

I've been working with this company for 2 1/2 months now and I think
they dont like me around too much because i'm a foreigner. There is no
other foreigner but me in the company.
They can fire me at any time. What rights do i have? My wife isn't
working currently so I get fired what to do?

I work very hard and honestly i do 5 people's work at once but still...
 

Old 11-05-2006, 01:25 AM   #2 (permalink)
Ian-Mstm
 
Posts: 6030
Default Re: A non Marriage based visa question but look

> I've been working with this company for 2 1/2 months now and I think
> they dont like me around too much because i'm a foreigner. There is no
> other foreigner but me in the company.
> They can fire me at any time. What rights do i have? My wife isn't
> working currently so I get fired what to do?
>
> I work very hard and honestly i do 5 people's work at once but
> still...

You should probably ask this on a forum geared to employment! This isn't
an immigration issue.



Find another job.

Ian
 
Old 11-05-2006, 01:52 AM   #3 (permalink)
Jenney & Mark
 
Posts: 1841
Default Re: A non Marriage based visa question but look

> I've been working with this company for 2 1/2 months now and I think
> they dont like me around too much because i'm a foreigner. There is no
> other foreigner but me in the company.
> They can fire me at any time. What rights do i have? My wife isn't
> working currently so I get fired what to do?
>
> I work very hard and honestly i do 5 people's work at once but
> still...

As Ian said, this isn't the appropriate forum to discuss this, but I'll
point you in the right direction:

The U.S. Equal Employment Opportunity Commission : Federal Laws
Prohibiting Job Discrimination : Questions And Answers
(http://www.eeoc.gov/facts/qanda.html)

Pay particular attention to the "National Origin Discrimination"
section. Bottom line is, your employer cannot fire you because you're a
foreigner without breaking federal law by doing so.

~ Jenney
 
Old 11-05-2006, 04:43 AM   #4 (permalink)
Boiler
 
Posts: 4170
Default Re: A non Marriage based visa question but look

> As Ian said, this isn't the appropriate forum to discuss this, but
> I'll point you in the right direction:
>
> The U.S. Equal Employment Opportunity Commission : Federal Laws
> Prohibiting Job Discrimination : Questions And Answers
> (http://www.eeoc.gov/facts/qanda.html)
>
> Pay particular attention to the "National Origin Discrimination"
> section. Bottom line is, your employer cannot fire you because you're
> a foreigner without breaking federal law by doing so.
>
> ~ Jenney

That rather assumes that they would be stupid enough to give a reason
that you could action.

State law varies, where I am they can say good bye and that's it.

I would second Ian. Look for another job.
 
Old 11-05-2006, 06:53 AM   #5 (permalink)
Hcj1440
 
Posts: 816
Default Re: A non Marriage based visa question but look

> I've been working with this company for 2 1/2 months now and I think
> they dont like me around too much because i'm a foreigner. There is no
> other foreigner but me in the company.
> They can fire me at any time. What rights do i have? My wife isn't
> working currently so I get fired what to do?
>
> I work very hard and honestly i do 5 people's work at once but
> still...

This is the US. Employment is at will. I believe employers are
required to give 2 weeks' notice which usually translates to 2 weeks'
severance pay. Or perhaps that is merely customary.

You have a right not to be discriminated against based on certain
things, like gender, sexual orientation, race, national origin, and
religion. In reality this is really hard to prove and any employer with
half a brain will lay a paper trail showing you were let go due to
"downsizing" or because you did not fulfill their requirements.

So I third Ian's comment. Find another job if you believe you are about
to be fired.
 
Old 11-05-2006, 07:15 AM   #6 (permalink)
Nettlebed
 
Posts: 1046
Default Re: A non Marriage based visa question but look

> This is the US. Employment is at will. I believe employers are
> required to give 2 weeks' notice which usually translates to 2 weeks'
> severance pay. Or perhaps that is merely customary.
>
> You have a right not to be discriminated against based on certain
> things, like gender, sexual orientation, race, national origin, and
> religion. In reality this is really hard to prove and any employer
> with half a brain will lay a paper trail showing you were let go due
> to "downsizing" or because you did not fulfill their requirements.
>
> So I third Ian's comment. Find another job if you believe you are
> about to be fired.

In fact, "at will" employers are required to give NO notice. It happened
to a predecessor of mine: she came in one day and was shotcanned. As
simple as that. This is WA, BTW. Although they never needed to show it,
as HCJ says, only a REALLY dumb employer would do this without amassing
enough evidence. I guess things may be different in a unionised
workplace, but they are the exception...
 
Old 11-05-2006, 01:37 PM   #7 (permalink)
Boiler
 
Posts: 4170
Default Re: A non Marriage based visa question but look

> In fact, "at will" employers are required to give NO notice. It
> happened to a predecessor of mine: she came in one day and was
> shotcanned. As simple as that. This is WA, BTW. Although they never
> needed to show it, as HCJ says, only a REALLY dumb employer would do
> this without amassing enough evidence. I guess things may be different
> in a unionised workplace, but they are the exception...

Where I am is an At Will State as well, no notice requird.

And it has always been my uindertsanding that you would need to prove
discrimination, it is not assumed.
 
Old 11-05-2006, 08:29 PM   #8 (permalink)
Rete
 
Posts: 9736
Default Re: A non Marriage based visa question but look

> I've been working with this company for 2 1/2 months now and I think
> they dont like me around too much because i'm a foreigner. There is no
> other foreigner but me in the company.
> They can fire me at any time. What rights do i have? My wife isn't
> working currently so I get fired what to do?
>
> I work very hard and honestly i do 5 people's work at once but
> still...

Go to the USA Forum and look for the getting fired from work thread.

You are correct. There isn't anything you can do about it. The US law
does not require them to have a reason to fire you.

If you are terminated you might be able to apply for unemployment
insurance.
__________________
I'm not an attorney. This disclaimer is valid in NYS!
 
 


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