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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11661
Experience:  JD, MBA
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My sister got a job at the same hospital her daughter works

Customer Question

My sister got a job at the same hospital her daughter works with. She started Monday was fired today because she never updated her name change on greencard. But she provided to company before hired all the legal name change as well as her greencard before they hired her. But she didn't updated the name Change on her green card due to financial hardship. Her daughter who also had her name change slightly different her daughter only had her last name change it was three years ago and is still currently with company and her daughter greencard still bares her birth name as well. My question is that legal in north Carolina employment laws if all legal doc was provided all about the name change but they said that they verification don't match cause she never got the name change on green card is that even legal
Submitted: 5 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 5 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

What you describe could be considered illegal discrimination based upon your sister's status as an immigrant. My suggestion is for your sister to file a charge (i.e., a complaint) with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates workplace discrimination. She can read how to file the charge here:

If the EEOC agrees that there was discrimination, then they can attempt to work out a settlement. If a settlement can't be reached, then your sister can retain an attorney to sue the hospital. So, the first step for her is to file the EEOC charge using the website mentioned above.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 5 months ago.
Why do you think this is discrimination? They are stating they did and electonic verification with uncis and the name didn't match but she explained that after doing the name change she is forbidden to use any other name even the the one before she changed upon doing the name change. In question and she has work other places filed taxes as prior without and this has never occurred before. Please this is all the fax I just want to completely be sure.
Expert:  TJ, Esq. replied 5 months ago.

Hi again.

It could be construed as discrimination because this type of problem with name changes only affects immigrants. Non-immigrants would never have this problem with the hospital. Also, even if the EEOC were to disagree, the pressure of the charge may get the hospital to take action to correct this issue and get your sister her job back again.

I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback. Thank you.

Expert:  TJ, Esq. replied 5 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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