Legal Question in Employment Law in California
Illegal Alien Claim for Work Without INS Authorization
Alien with H1B visa is suing my business for work they did not perform and don't have INS authorization to do so. I have an approved INS petition for this alien to work only as an accountant, however, this petition was revoked because of her inability to perform any accounting at all. The alien then filed a complaint with the Labor Board for earned wages performing other tasks which she never performed nor authorized to do. After I responded with proof that her evidence was perjurious, made-up and untrue a hearing was scheduled but plaintiff retained a lawyer who withdrew the case and took it to Civil Court. Plaintiff's basis for claim is illegal. What are my chances with this line of defense?
2 Answers from Attorneys
Re: Illegal Alien Claim for Work Without INS Authorization
The same defenses are available to you in the civil suit, but you must have an attorney representing the company. The sooner you do so, the quicker this should be over. Contact me if interested and local enough to be practical.
Re: Illegal Alien Claim for Work Without INS Authorization
In the civil suit...do a thorough discovery, take her deposition(good way to nail her!!), then file for Summary Judgment Motion. I practice Employment and Immigration Law...her job should be strictly restricted to what was described in LCA and I-129 Petition. as a petitioner...you have some liability as well...since you made the attestations in the H1B application. If she can conclusively prove that you made her do those work you will incur civil liability as well as sanctions by INS. On the other hand...if you can show that she never did such work...you are absolutely fine!!!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
