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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38244
Experience:  Retired (mostly)
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Is there any protection that I am entitled for the following

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Is there any protection that I am entitled for the following case? I was working at a state agency (a state hospital) as a full-time public employee. I was terminated when I was being treated for work related injuries and my visa expired. I am unsure how much details would be necessary for you to share your thoughts with me. More details would be available (probably in private channel) if appropriate. Thanks in advance.
Hello,

State agencies are not covered by the labor laws in the same manner as are private employers. However, a state agency has a duty to provide due process to employees prior to a termination of employment.

The hospital must have a grievance/hearing process, and you are entitled to use it to obtain an objective decision of your termination from an administrative law judge.

In addition, Labor Code 132a provides that discrimination for making a workers' compensation complaint entitles the claimant to an additional $10,000 in benefits as well as reinstatement of employment.

That said, the fact that your visa has expired creates a problem for the employer, because it cannot employ an alien national who does not have valid employment status in the USA. The question here, however, is whether or not the employer intentionally permitted your visa to expire without providing any assistance to help you renew, as a means of getting rid of you. If yes, then that would be employment discrimination based upon nationality, which is flatly illegal, and you can file a complaint with the Department of Fair Employment and Housing.

In sum you have a number of different possible legal avenues to pursue. I cannot tell you which ones are best -- only that you can pursue them all.

If you would like a link to any of the resources that I have outlined above, please let me know and I will be happy to provide.

Hope this helps.
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your reply. I do need links to resources since I was not able to identify one successfully.

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