Employment Law related Immigration Issues
Almost every state law in the United States considers that a labor contractual relationship between an employer and an employee can be terminated at any time. However, in order to protect workers, it is necessary to define exceptions to these dismissal principles.
First, it is the Act for the Protection of Workers against Illegal Discrimination. Prohibits the dismissal of workers because they belong to social groups protected by race, color, religion, gender, nationality, origin, disability, veterans or sexual orientation. The second is the Whistle-Blower Protections Act, which protects workers from being treated unfavorably against them because they have accused their employer of illegal activities. The last is a bill that prohibits dismissal or disadvantageous treatment because an employee implements legal off-duty.
There are exceptions recognized as court cases.
The first is public policy. To protect workers from adverse employment-related activities that violate employer's public policy. For example, a worker may be dismissed for refusing to perform an act prohibited by law, or may be dismissed for the purpose of exercising or participating in certain activities for public interest or exercising his or her rights prescribed by law. The second is the impossibility of dismissal in accordance with the implied contract between employer and employee. Although you have not signed a contract in writing in agreement with a fixed or unlimited period of employment, your employer may make a verbal promise, or you may use the company policy, convention, the Employee Handbook, This is the case when the employee expects the contract to be maintained. Finally, the promissory estoppel is applied. The principle derived from the principle of good faith that it is not allowed to lie in contradiction with his own act. For example, during the course of the PERM procedure, the employer may suspend the labor certification process because the salary that employer needs to pay is higher than what he/she previously thought. The employer must include in the employment contract or employee handbook the provision that the green card procedure can not prevent the termination of the employment relationship and that the employer has the right to change the sponsorship proposal for the green card procedure. In addition, it should be specifically stated that there is no guarantee for the result of the visa procedure.
First, it is the Act for the Protection of Workers against Illegal Discrimination. Prohibits the dismissal of workers because they belong to social groups protected by race, color, religion, gender, nationality, origin, disability, veterans or sexual orientation. The second is the Whistle-Blower Protections Act, which protects workers from being treated unfavorably against them because they have accused their employer of illegal activities. The last is a bill that prohibits dismissal or disadvantageous treatment because an employee implements legal off-duty.
There are exceptions recognized as court cases.
The first is public policy. To protect workers from adverse employment-related activities that violate employer's public policy. For example, a worker may be dismissed for refusing to perform an act prohibited by law, or may be dismissed for the purpose of exercising or participating in certain activities for public interest or exercising his or her rights prescribed by law. The second is the impossibility of dismissal in accordance with the implied contract between employer and employee. Although you have not signed a contract in writing in agreement with a fixed or unlimited period of employment, your employer may make a verbal promise, or you may use the company policy, convention, the Employee Handbook, This is the case when the employee expects the contract to be maintained. Finally, the promissory estoppel is applied. The principle derived from the principle of good faith that it is not allowed to lie in contradiction with his own act. For example, during the course of the PERM procedure, the employer may suspend the labor certification process because the salary that employer needs to pay is higher than what he/she previously thought. The employer must include in the employment contract or employee handbook the provision that the green card procedure can not prevent the termination of the employment relationship and that the employer has the right to change the sponsorship proposal for the green card procedure. In addition, it should be specifically stated that there is no guarantee for the result of the visa procedure.
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