dealing with malicious co-workers

[mrmajika 0]

Hello all,

I moved to the US from the UK in 2009, and have had a fun journey. The worst thing I've encountered has been fairly recent (as you might have deduced from the title of this post). I suspect a co-worker who I think was threatened by the possibility of me taking their job, might have contacted USCIS and filed a complaint about me in order to affect my immigrant status.

The person had access to employee information, and could have accessed my Alien number that way. I haven't heard anything from USCIS about this, but it is still worrying. Does anyone have any idea what I should or could do?

[Adil & Jeanne 296]

Your informaiton gathered by HR is personal and protected. If someone uses it as you think, you need to complain first to your immediate supervisor and write letters of complaint. See a lawyer if the person really assessed your files as this is a big law suit against him personal and the company

[mrmajika 0]

Thanks,

[Russ&Caro 1,549]

Most HR departments have specific policies and procedures for filing complaints against others. Find out where such information is located and study all of it thoroughly. There's usually a chain of management reporting that you follow when making a complaint, and usually it starts with your direct supervisor. Again, follow the chain of reporting to a tee. Don't jump two levels up in management to report this unless it's specifically warranted in the HR policies and procedures. Collect evidence, collect evidence, collect evidence. Don't report it with vague ideas that someone may have breached corporate policies on protection of personal information. Get real evidence if possible.

One sticky issue in your situation is that a breach of corporate policy of stealing information might have occurred within the HR department, and you're trying to report this breach to HR, which would be quite a conflict. That's why direct line supervisors are usually the first level of reporting as there is usually less conflict with HR.

Good luck.

[mrmajika 0]

I no longer work at this company, which I thought I'd mentioned, I was thinking it would be best to go through a lawyer because of this. Or speak directly with HR as I no longer have a manager at this company.

[mrmajika 0]

I contacted a lawyer about this yesterday who assured me that USCIS would have called me if there was serious matter to be addressed. They did suggest that I could have them perform a search on my file to see if there were any open matters, and that it would cost around $1,000.

Has anyone else encountered this and dealt with it in the same way?

[Villanelle 4,122]

Is there something specific that you are concerned about? I mean you say you think or are worried they might have filed a complaint that can impact your status. So Im asking is there a skeleton in your closet that you are worried about? Do you have a criminal matter that couldve been brought to their attention? Is there proof of fraud for something you did? What kind of complaint do you think they filed?

I mean you have to have done something to be worried about repercussions. If you havent done anything and feel they would just be saying malicious things out of jealousy- well it wouldnt go anywhere. Does that make sense?

I dont know specifically what the lawyer you spoke to is intending on doing for 1,000 dollars. You can file your own FOIA request for your files. It does take a long time. If your current case was re-opened due to new information it would state so on the online system or the phone rep can advise you of such. As the lawyer stated if it is re-opened and they want something from you they will notify you. I dont know for sure if they notify you when its re-opened or just if they need something or make a new decision. Re-opening of cases isnt exactly a common occurrence.

If you committed an offense that makes you eligible for deportation then you would be notified by ICE/immigration court. This is not re-opening of your closed case. From what I understand there is no way to know if ICE is currently looking into you in an open investigation until they notify you of such. If you have an issue that could result in ICE involvement or immigration court you need to speak with an attny about it.

The other side of this is the privacy issues discussed above- where you would have to file a complaint with the company. Others have outlined this.

Often people post on VJ similar topics - like what could a malicious person do to impact their status. And generally speaking the answer is nothing unless you have a legitimate issue they turned you in for.

[mrmajika 0]

So I do not have any skeletons in my closet. Nor have I committed a criminal offense. The most trouble I've been in with the law since I've been here was where I overstayed in a parking spot by 15 minutes and got a ticket, which I paid half an hour later.

The truth of the matter is that I do not know what constitutes a serious matter with USCIS. Nor am I aware of the problems that even a minor accusation or complaint could cause when filing an N-400.

The person in question was afraid that they'd lose their job to me, and said to me that they were going to try and get me deported. They were also not very smart and so in reality they could have made anything up that they liked, without considering the consequences that lying to a federal agency might have on them.

I can tell you that I worked at this company for a year before moving on, with the only complaint being that I was leaving and they wanted me to stay.

I can't imagine that I'm the first immigrant who has had to deal with malicious persons filing false complaints about them either. I am simply trying to seek advice from anyone else who has been through such an issue.

[mrmajika 0]

If I wanted to do an FOIA request would there be a particular file I should ask for, or what I receive them all automatically? I have looked at the request form but don't really understand it.

[Villanelle 4,122]

Heres a link to Nolos "how to get a copy of your Immigration files"

http://www.nolo.com/legal-encyclopedia/how-get-copy-your-immigration-file-form-g-639-foia-requests.html

Heres another detailed PDF for USCIS and ICE

http://www.americanbar.org/content/dam/aba/administrative/immigration/FOIAguide.authcheckdam.pdf

[mrmajika 0]

So I filed for these records. Is there any other action I can take? My lawyer said that immigration my redact information pertaining to allegations like this, and so the information I'm seeking may not even be on my records when I receive them.