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ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 16347
Experience:  Licensed Texas General Practice Attorney
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I am undocumented. On 05/29/15, my supervisor called me. He

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I am undocumented. On 05/29/15, my supervisor called me. He said that he was instructed by his supervisor to tell me that my work visa is expired. This I thought was a violation of rights or federal workplace law and defaming since such matters are only discussed in privacy between a Human Resource Representative and the involved employee. I also know that "Employers cannot E-Verify existing employees." How my employer or the supervisor reached at this conclusion after 5.5 years working with the Company, I don't know. What is my fate?
Submitted: 2 years ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 2 years ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation. First of all, you need to understand that Indiana is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.
Furthermore, defamation only pertains to false statements of material fact, communicated to third parties that result in economic damage. If it's true, it's not defamation. There's also no right to privacy pertaining to personnel records in general (although certain aspects of a file may be private, such as disabilities covered by the ADA, which has its own privacy provision). Immigration status does not have such a privacy provision, so even though it SHOULD be kept private, there's no law that is violated if your supervisor is told of this (or for that matter, every person in your company). While I agree that this is awful, unfortunately it's still legal for them to do and there would be no recourse on your part.
I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. 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 my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 2 years ago.
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