Discrimination EAD Card

[Carl&Ellie 10]

Company just said this;

"Unfortunately we will not be able to move forward with the hire as we require the unrestricted right to work for this position and the EAD offers a temporary right to work."

Missed this while I was typing up my other post above - this is straight up discrimination as described by the I-9 form instructions. I would call OSC to discuss, and email the company back asking them to explain their position in light of the wording on the I-9, since your EAD is clearly listed as a 'list A' document. As far as the employer should be concerned, its as good as a US passport or a Green Card to establish work authorization. Explain to them again that the EAD is in lieu of your Green Card, which is in process, and you can always renew the EAD if your Green Card doesn't arrive before the card is due to expire - (Something I'll have to do myself this month!)

[Trenz 52]

Missed this while I was typing up my other post above - this is straight up discrimination as described by the I-9 form instructions. I would call OSC to discuss, and email the company back asking them to explain their position in light of the wording on the I-9, since your EAD is clearly listed as a 'list A' document. As far as the employer should be concerned, its as good as a US passport or a Green Card to establish work authorization. Explain to them again that the EAD is in lieu of your Green Card, which is in process, and you can always renew the EAD if your Green Card doesn't arrive before the card is due to expire - (Something I'll have to do myself this month!)

I just wanted to extend my gratitude to you for brining the I-9 form to my attention. In the event I am in the same situation, I surely will bring this up. Thanks again!

[BritAbroad2015 61]

Thanks Carl&Ellie. That's really helpful. I haven't actually filled out my I-9 yet as I was meant start this upcoming Monday.

I called the Worker Hotline: 1-800-255-7688 which I found at this website: http://www.justice.gov/crt/about/osc/ provided my VJ users.

I spoke to a very helpful lady who said it was a grey area, but shes going to call my employer to see if she can explain the EAD card in more detail. But she did say no promises.

No response from the employer yet, I've emailed and left a voicemail.

I'm just very baffled by the whole situation... I've done everything by the book. Didn't even start applying for jobs until I had EAD. And now it seems kind of a "worthless" document if it turns out they can refuse me for having it. Especially with no notice in the job description or when I interviewed.

Really hope I get somewhere with this.

[BritAbroad2015 61]

Wow.... the worker hotline moves fast.

A lady called me and said she spoke to my employer and they will be offering me the job. She said she told them they couldn't not hire me because it was an EAD. She also said importantly, if I were to receive any retaliation from the company once I start there then I should contact them and gave me her direct number.

I have yet to receive the phone call from my employer to re-offer me the job.... hoping this comes soon. I'd hate to say that this process has left me a little skeptical. But here's hoping I receive a call from my future employer.

Its nice to know that we do have some sort of protection when things like this happen.... we all play by the rules and sacrifice a lot to be with our spouses. I gave up a job I loved back home and whilst the process on getting a job here in the USA hasn't been hiccup free... I'm hoping this to be the end of the saga.

I really appreciate everyone's feedback, it gave me the confidence to not roll over and accept this. I would encourage anyone who stumbles upon this thread if you are experiencing a similar situation then call the worker hotline and get them to help. I'm sure a call from Washington DC as opposed to me explaining an EAD definitely held more weight with the HR team.

Thanks once again!

[Hypnos 6,577]

Stellar. You did exactly the right thing.

The law exists for a reason. No doubt the rep was told a formal investigation would be launched if they failed to offer you the job as already agreed. From what you have said, it would have been a slam dunk. The punitive fines are not nothing, either.

Edited June 3, 2015 by Hypnos

[BritAbroad2015 61]

Well.. its seems I spoke too soon. The company just emailed me to say they took a call from Washington, D.C from the Dept of Justice and that she wants to review this matter further with her management team. Hoping this is just a protocol.... but still no job offer.... YET.

My poor parents.... I'm ringing them every 10 minutes... one minute happy.... the next in tears. Well.... this is to be continued......

I will update as I hear.

[Carl&Ellie 10]

Wow, that's a great service from the worker hotline, glad they got things moving for you. Fingers crossed you get that response back from the company re-instating the offer right away!

Glad to help out - just so you know, the I-9 is the employer's responsibility, but they will ask you to fill out the first section - this should be done as part of your 'first day' paperwork (or before the first day so long as you have accepted an offer). They have to complete the second part to attest that they verified your EAD within three days of your start date.

Edit - ugh, just saw that you already got a response above. Hopefully they get their act together soon.

Edited June 3, 2015 by Carl&Ellie

[Trenz 52]

Well.. its seems I spoke too soon. The company just emailed me to say they took a call from Washington, D.C from the Dept of Justice and that she wants to review this matter further with her management team. Hoping this is just a protocol.... but still no job offer.... YET.

My poor parents.... I'm ringing them every 10 minutes... one minute happy.... the next in tears. Well.... this is to be continued......

I will update as I hear.

Hang in there! I am going to remain optimistic for a good outcome for you! You have taken a very important step here by getting the proper authorities involved in this.

At this juncture the way I see it is: They have the option of hiring on a candidate they obviously felt satisfied all of the requirements in the first place and have the story end there or not hire a candidate they previously said was successful and potentially have legal troubles ahead with the USDOJ and negative PR blow back if this story goes public.

By no means am I a businessman, but the right choice seems painfully obvious in this situation. Here's hoping they come to their senses sooner rather than later.

[TabeaK 517]

I am keeping my fingers crossed for you!

ALWAYS stick up for yourself!

[SparklePony 238]

This has been so informative, and I'm crossing my fingers too for the best outcome possible for you.

[Hypnos 6,577]

They can review all they want, but the law in this area is pretty clear-cut. I suspect they will wring their hands for a few days before eventually offering you the job, figuring the DoJ will come down on them if they don't.

[BritAbroad2015 61]

Still no contact from my employer. Hmmmm. I wonder what they have to think about. I am feeling very disappointed by the whole situation as it feels like they are doing whatever they can to NOT hire me. I feel that they should take the stance "great, she can work.... what a silly misunderstanding". Theres been no apology and no phone call. Just a few 2 sentence emails.

Meanwhile I'm left in limbo!! Its hard not feel discriminated against.... and like I always say manners don't cost a thing. They could be polite in handling the process... but yet again it seems I'm a criminal for wanting to be with my husband!!

[Boiler 45,733]

Perhaps they filled the post?

Perhaps they filled the post?

[BritAbroad2015 61]

If they've filled it that's pretty speedy of them, they only told me less than 24 hours ago they retracted my offer.

[milimelo 4,508]

Hang in there. HR probably has to organize meeting with managers and tell them what was relayed from DC and decide how to play their cards. They'll probably do it first thing in the morning.

They can't not hire you as that would be retaliation. They have to bring you in and give you an opportunity to work.