What would you do ?

Thread Tools
 
Old Sep 2nd 2007, 3:23 pm
  #1  
staying around
Thread Starter
 
candy wy.'s Avatar
 
Joined: Jul 2003
Location: In peace
Posts: 2,328
candy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond repute
Default What would you do ?

The company I work for has hired a few people who are here on H2B visa. They are ignorant of the visa laws. These visas were issued through an agency, it is my understanding that they can only work for the company named on the visa and each individual company has to apply for a H2B it is not transferable. Would you Say anything or just let them continue hiring people in this way.
candy wy. is offline  
Old Sep 2nd 2007, 3:39 pm
  #2  
Ray
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,280
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: What would you do ?

Originally Posted by candy wy.
The company I work for has hired a few people who are here on H2B visa. They are ignorant of the visa laws. These visas were issued through an agency, it is my understanding that they can only work for the company named on the visa and each individual company has to apply for a H2B it is not transferable. Would you Say anything or just let them continue hiring people in this way.
Blackmail them into doubling your wages ...
Ray is offline  
Old Sep 2nd 2007, 3:51 pm
  #3  
 
special ed's Avatar
 
Joined: Jul 2007
Location: Chicago, IL
Posts: 372
special ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to all
Default Re: What would you do ?

Originally Posted by Ray
Blackmail them into doubling your wages ...
Tell them - presumably, if you are correct about the law in this respect, your employers could face potentially face large fines for violating immigration employment law, which could endanger your own employment. I don't know what the penalties are for this but you don't want to wait and find out do you?
special ed is offline  
Old Sep 2nd 2007, 4:01 pm
  #4  
staying around
Thread Starter
 
candy wy.'s Avatar
 
Joined: Jul 2003
Location: In peace
Posts: 2,328
candy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond repute
Default Re: What would you do ?

Originally Posted by special ed
Tell them - presumably, if you are correct about the law in this respect, your employers could face potentially face large fines for violating immigration employment law, which could endanger your own employment. I don't know what the penalties are for this but you don't want to wait and find out do you?

The fines they can cope with do them good to pay some money out. The problem that I see is that we have state and federal contracts which could be put in jeopardy. just wondering if ignorance could be a defence.
candy wy. is offline  
Old Sep 2nd 2007, 4:04 pm
  #5  
 
special ed's Avatar
 
Joined: Jul 2007
Location: Chicago, IL
Posts: 372
special ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to all
Default Re: What would you do ?

Originally Posted by candy wy.
The fines they can cope with do them good to pay some money out. The problem that I see is that we have state and federal contracts which could be put in jeopardy. just wondering if ignorance could be a defence.
In most legal systems, ignorance of the law is no defence. Loss of federal contracts could most certainly hurt your company, it sounds like. Look at it this way - what do you have to lose by 1. saying nothing or 2. telling your boss(es)?
special ed is offline  
Old Sep 2nd 2007, 4:07 pm
  #6  
Not living a 9 to 5 life
 
NC Penguin's Avatar
 
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
NC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond repute
Default Re: What would you do ?

Originally Posted by candy wy.
The company I work for has hired a few people who are here on H2B visa. They are ignorant of the visa laws. These visas were issued through an agency, it is my understanding that they can only work for the company named on the visa and each individual company has to apply for a H2B it is not transferable. Would you Say anything or just let them continue hiring people in this way.
Unless you're an attorney, i.e. a person qualified to give legal advice, I would not intervene. It is your employer's responsibility to know the law and if they are ignorant of it, it is their fault, not yours.

However, if you wish to say something, I would check on your state's "whistleblower" laws beforehand so you know your rights if things go pear-shaped for you.

PS: this post does not represent legal advice.
NC Penguin is offline  
Old Sep 2nd 2007, 4:08 pm
  #7  
 
special ed's Avatar
 
Joined: Jul 2007
Location: Chicago, IL
Posts: 372
special ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to allspecial ed is a name known to all
Default Re: What would you do ?

Originally Posted by NC Penguin
Unless you're an attorney, i.e. a person qualified to give legal advice, I would not intervene. It is your employer's responsibility to know the law and if they are ignorant of it, it is their fault, not yours.

However, if you wish to say something, I would check on your state's "whistleblower" laws beforehand so you know your rights if things go pear-shaped for you.

PS: this post does not represent legal advice.
ps what penguin said
special ed is offline  
Old Sep 2nd 2007, 4:13 pm
  #8  
Not living a 9 to 5 life
 
NC Penguin's Avatar
 
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
NC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond reputeNC Penguin has a reputation beyond repute
Default Re: What would you do ?

Originally Posted by candy wy.
The fines they can cope with do them good to pay some money out. The problem that I see is that we have state and federal contracts which could be put in jeopardy. just wondering if ignorance could be a defence.
Maybe your employer is knowingly flaunting the law because it knows it can comfortably pay fines if caught.
NC Penguin is offline  
Old Sep 2nd 2007, 4:30 pm
  #9  
staying around
Thread Starter
 
candy wy.'s Avatar
 
Joined: Jul 2003
Location: In peace
Posts: 2,328
candy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond reputecandy wy. has a reputation beyond repute
Default Re: What would you do ?

Originally Posted by NC Penguin
Maybe your employer is knowingly flaunting the law because it knows it can comfortably pay fines if caught.

No they are not knowingly doing it. the other problem I have is that I was one of the interviewers.
Although all 3 applicants stated legal to work on there application they did not disclose there visa. only 4 weeks later when looking at there file did i see there visa.
candy wy. is offline  
Old Sep 2nd 2007, 4:37 pm
  #10  
Ping-ponger
 
dunroving's Avatar
 
Joined: Jul 2002
Location: Dreich Alba
Posts: 12,010
dunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond reputedunroving has a reputation beyond repute
Default Re: What would you do ?

Originally Posted by candy wy.
No they are not knowingly doing it. the other problem I have is that I was one of the interviewers.
Although all 3 applicants stated legal to work on there application they did not disclose there visa. only 4 weeks later when looking at there file did i see there visa.
I would be very careful if I were you, probably leave well alone. Does anyone else in the company know that you've seen their H2 status in their files? If not, I'd just keep quiet and assume the company has made sure these people have the correct documentation to work. Once you open your mouth, if they decide to do nothing, you then have to take on the role of either whistle-blower or accessory. Neither of those options would be fun.
dunroving is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.