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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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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: 12 months ago.
Category: California Employment Law
Expert:  Joseph replied 12 months 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 12 months 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 12 months 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 12 months 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 12 months ago.

Really?

 

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.

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