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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 16213
Experience:  Licensed Texas General Practice Attorney
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My wife has worked same large company yrs and last week

Customer Question

My wife has worked for the same large company for 16 yrs and last week received a Tentative NonConfirmation status report through E-Verify. In reading the Know your Rights section it clearly states the employer cannot E-Verify existing employees. Have her rights been violated?
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Assuming that the employer is not a federal contractor, that's correct. The main problem is that while they have broken the law, there might not be any recourse (other than complaining to USCIS: http://www.uscis.gov/e-verify/employees/reporting-violations) . You see, there's not a "private cause of action" nor demonstrable damages from the employer checking her status. As such, she wouldn't be able to successfully sue her employer for breaking the law. Again, she could complain to USCIS, and they might take action against the employer, but she personally wouldn't "get" anything out of it. Frankly I would only complain if it was really harassing and "beyond the pale", because it could come back to bite her in the process (even though there would likely be a claim for retaliation if they did try anything...).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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