Paycheck reversed due to EAD mis-dated

[Yodrak 7]

eau_explain,

If anything the employer's subsequent actions have compounded the employer's problems, not mitigated them. The employer was required to re-verify the employee's employment authorization prior to expiration. They failed to do that and allowed the employee to continue working past the expiration date.

Refusing to pay the employee for the time worked does not change the fact that the employer allowed the employee to work.

Educating this employer and getting the wages due could be a delicate business. I would not want to be in this position.

Yodrak

Girona,

You are right in that I would be pissed if my wages were withheld from me because of lack of work authorization.

However, you also have to understand the side of the employer. In the event of an audit, the employer could be fined anywhere from $5,000 to $10,000 for every employer they hire who is not legally authorized to work. In the case of the OP's employer, they are being strict as they do not want to expose themselves to such a possible audit (no matter how remote the possibility could be).

Unauthorized work might be overlooked by USCIS when they process an applicant's AOS but ICE will not be so lenient on employers who employ people without work authorization.

[Lucky7 0]

This is completely ilegal action by your employer. You should talk to your immigration attorney if you have.

This is not about immigration, but about human rights and you can take this case to NY commition against discrimination.

They are totally taking advantage of you, of your situation and your language barrier. They should give you paid vacation time in lieu of the days you worked for.

Edited May 2, 2007 by Lucky7

[lucyrich 20]

Yep, Girona, kari lina, and Yodrak have it right. Regardless of whether a person was authorized or should have worked, once they have done work for the employer, the wages earned are the property of the employee. According to the labor laws, if they had some grounds for getting money from the employee (and I suspect their own negligence in checking status probably is NOT grounds), they'd have to sue the employee and get a court judgement to take the wages back.

Contact your state's bureau of labor. What they did with taking back the paycheck was illegal and exposes them to some hefty fines and penalties. There may also be some fines and penalties regarding checking status, but that's a separate matter (and I'm not nearly so certain about the law and circumstanes on this point).

[athena_ny 1]

Contact the state labor board, and prepare yourself to be "let go" shortly after doing so.

Sure, they won't fire you for that, but from my knowledge of the corporate world, they'll find other reasons.

[Killer_Clown_2009 0]

You "worked" those days. Whether or not you were authorized and/or paid doesn't change the fact that you worked and your employer must know that. Tell the HR department to issue you the money they owe you for those days later so they are covering their ###. If they won't do it and you like your job, I guess you might just have to let it go. Worse case, you can report them for not paying you.

[liandannie 0]

First of all, I want to thank everyone here contributing the ideas and knowledge, which is like the lighthouse in the dark.

Yesterday I got a call from HR that they would treat this as one time exception and no paycheck would eventually be reversed. They kindly advised me I should plan for it earlier next time since they also understand the process is badly slowed down recently. I was so relieved when I heard that.

Hopefully I will receive the greencard sooner than later so that there won't be next time to apply for a third EAD...

Thanks again for everyone's help here.

[kari lina 0]

First of all, I want to thank everyone here contributing the ideas and knowledge, which is like the lighthouse in the dark.

Yesterday I got a call from HR that they would treat this as one time exception and no paycheck would eventually be reversed. They kindly advised me I should plan for it earlier next time since they also understand the process is badly slowed down recently. I was so relieved when I heard that.

Hopefully I will receive the greencard sooner than later so that there won't be next time to apply for a third EAD...

Thanks again for everyone's help here.

Glad to know they are no longer trying to reverse your paycheck Good luck getting that green card!

Best wishes,

Karoline

[Otto 83]

First of all, I want to thank everyone here contributing the ideas and knowledge, which is like the lighthouse in the dark.

Yesterday I got a call from HR that they would treat this as one time exception and no paycheck would eventually be reversed. They kindly advised me I should plan for it earlier next time since they also understand the process is badly slowed down recently. I was so relieved when I heard that.

Hopefully I will receive the greencard sooner than later so that there won't be next time to apply for a third EAD...

Thanks again for everyone's help here.

Good For You..

One-time exception...

Somebody got reamed in HR..

[Alex+R 0]

First of all, I want to thank everyone here contributing the ideas and knowledge, which is like the lighthouse in the dark.

Yesterday I got a call from HR that they would treat this as one time exception and no paycheck would eventually be reversed. They kindly advised me I should plan for it earlier next time since they also understand the process is badly slowed down recently. I was so relieved when I heard that.

Hopefully I will receive the greencard sooner than later so that there won't be next time to apply for a third EAD...

Thanks again for everyone's help here.

Good For You..

One-time exception...

Somebody got reamed in HR..

totally. Rey's HR people were calling him at the end of his EAD to make sure he had a new one (otherwise he was supposed to take a "vacation" til it came)... they were 100% on top of that, because that is HR's JOB.

[John & Annie 0]

First of all, I want to thank everyone here contributing the ideas and knowledge, which is like the lighthouse in the dark.

Yesterday I got a call from HR that they would treat this as one time exception and no paycheck would eventually be reversed. They kindly advised me I should plan for it earlier next time since they also understand the process is badly slowed down recently. I was so relieved when I heard that.

Hopefully I will receive the greencard sooner than later so that there won't be next time to apply for a third EAD...

Thanks again for everyone's help here.

Good For You..

One-time exception...

Somebody got reamed in HR..

totally. Rey's HR people were calling him at the end of his EAD to make sure he had a new one (otherwise he was supposed to take a "vacation" til it came)... they were 100% on top of that, because that is HR's JOB.

More likely, some pulled their head from their butt and realized the liability of not paying someone for hours worked.