Legal Question in Employment Law in Connecticut
Rights of overseas employees
Myself and around 150 people work for a US based company in CT in a speciality occupation, for which we all obtain H2B visas for seasonal work.
The company has knowingly falsified documentation of several workers in order to secure visas, as the labor costs are cheaper for foreign workers in this field although the level of expertise is undoubtedly higher.
Although 100% of staff are from overseas, what rights do we have, are they the same as those based in the US? As legal aliens, do we fall under CT employement laws even if the company itself was established in Delaware? This is with specific reference to pay, working conditions, holiday entitlement, respresentation, travel time pay etc. Any info would be gratefully received, thank you.
1 Answer from Attorneys
Re: Rights of overseas employees
Your rights are the same as those of U.S. citizens. All U.S. and Connecticut human-rights and worker-protection laws apply equally to you.
That doesn't however, mean that you get the bennies you referred to in your e-mail. Connecticut, like most of the rest of the U.S., is an at-will employment state. That means you have to live with the deal you made going in, or vote with your feet and go somewhere else. Just because Susie gets paid 2X and 4 weeks' vacation when you only get X and 2 weeks doesn't mean that you're entitled to a raise and more vacation. As long as the employer is in compliance with the minimum standards set by statute, all you can do is negotiate a better package, live with what you have, or leave.
I don't know any specifics about your situation, so I can't comment on whether the employer is in compliance. As to the illegal documentation issue, two probable results of using that information in a public forum would be the deportation of some of your colleagues and a monetary fine levied against the employer. Whether the threat of disclosure of this information might result in a benefit to you is a matter of conjecture, though my usual reaction to threats of that nature is to find a way to retaliate against the threatener.
Finally, as to your visa status, which I acknowledge makes changing jobs more difficult, all I can do is remind you that you made a deal to come here under a set of circumstances that was acceptable to you at the time you took the job. If you no longer like those circumstances, you certainly have the option of returning home if your status precludes you from switching employers. If you don't want to return home (presumably because your current deal is better than anything going over there), then apply for permanent resident status or U.S. citizenship.