How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

Could the following case be considered as a discrimination?

Customer Question

Could the following case be considered as a discrimination? I was working as an intern on my student visa in 2008, I was offered a full-time position in state hospital which I accepted. In March 2009, I contacted the HR in order to submit my application for H1 visa for which I needed the sponsorship from employer. In April 2009, the hospital informed me that they want my performance to be improved in a few domains and needed more time to observe my performance before they would sponsor my H1 visa application. In May 2009, I was injured at work and consequently out of duty. In July 2009, I received very poor evaluation for my work performance for the period (June and July) when I did not work because of the injury and treatment. In August 2009 (when I was still out of duty and under treatment), my F1 student visa expired and my employment was discontinued. I had been informed that I could appeal the decision in 30 days, and I had not appealed at that time without understanding what I could have achieved through the appeal process.
I am unsure if my account makes sense. Please ask me questions if you need clarification. Thanks in advance.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

No, unfortunately, there's nothing in your scenario that suggests discrimination.

Your employer is actually obligated to terminate you when your visa expires, so if they were to keep you on as an employee after that date it would have been illegal for them to do so.

Having your visa expire and being no longer authorized to live in the country (let alone work) is definitely sufficient grounds for termination, I'm afraid.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Customer: replied 3 years ago.

I wonder what you think about the cause of visa expiration. The work-related injury deprived me the chance to work and obtain the sponsorship. I can not help feeling that the employer let the visa of the injured worker expire.


In addition, what do you think about the statue of limitation?

Expert:  Joseph replied 3 years ago.
That may be true (that the employer let the injured worker's visa expire), in fact it definitely seems that way, but unfortunately that is not illegal.

Also, since this did occur more than four years ago, the statute of limitations has already passed. It would at most be four years for a written contract between you and the employer.
Customer: replied 3 years ago.

I appreciate your straightforward response. However, I think that you should have initially pointed out the statue of limitation which appears to the most important factor in my case before any further deliberation.

Expert:  Joseph replied 3 years ago.



I gave you all the correct information, and you didn't ask about the statute of limitations initially, you asked whether there would be a cause of action at all.


I frankly don't see why it matters why you don't have a cause of action, as it is for multiple reasons, as I explained. The first one that popped out at me was the merits of the discrimination claim and not the statute of limitations, but regardless I gave you accurate information.


I'm very disappointed that you felt the need to rate my service as poor considering how straightforward and quick I was with the information you needed and requested.


. I would appreciate your reconsidering that negative rating for me giving you the correct information, even though it wasn't in the exact order you would have liked.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • LawTalk



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • melissamesq's Avatar



    Satisfied Customers:

    Represent clients to maximum recovery in employment cases.
  • /img/opt/shirt.png Attorney2020's Avatar



    Satisfied Customers:

    I have significant experience in employment law.
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel


    Satisfied Customers:

    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

Related California Employment Law Questions