Legal Question in Employment Law in California

employment

I have an employee who admit that he is an illegal alien. Can I let him go? or do I still be ok to keep him?

Thanks for the answering.


Asked on 12/16/03, 3:32 pm

2 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: employment

If you like his woek..why don't you sponsor him for labo certofication which will lead to green card. There is a provision called 245 (i)...during clinton...an illegal alien could have paid $1000 fine and be legal. That provision will be active again...before election...every one is anticipating that. The best way would be to start labor certification process..ASAP..and let the process going..as soon as 245 (i) comes back..take advantage of that.

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Answered on 12/18/03, 10:41 am
Thomas Pavone Pavone & Cohen

Re: employment

All U.S. Employers are required to have an I-9 form completed for each employee within 3 days of hire. If you do not have this form properly completed and so that the employee's legal right to work is not established, you are subject to monetary sanctions. Further, since you are aware of his status, you are violating the law if you continue to employ him.

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Answered on 12/18/03, 7:16 pm


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