My question involves labor and employment law for the state of: California
This is the case of my close friend. We have been seeking for advises for the last week.
She is a foreign student with F1 visa.
4 months ago she signed an agreement as a part-time employee for one startup company based in L.A. When I first knew abt it, I tried to persuade her not to get into it but she told me that the presentative of the company is a person she knew pretty well before coming to the U.S and he guaranteed that the company would take care of everything and this was no serious problem.
Recently she informed the company that she would quit since she had done some research and is now well aware that the U.S government takes illegal working very serious. Though she wouldn't stop working right away, she would work for 2 more months so that they can find another employee. However the company said that if she stopped working before the agreement is over, she would have to repay all the money she has received up to now, including salary, reimbursement of travel and compensate for the damage which she would cause to the project by quitting like that.
She had no choice but working for them until now. However, for the last 2 months, they haven’t paid her anything. The direct supervisor kept changing the requirements for the work so she couldn’t finish some parts on deadline. And he accused her of causing delay to the project. Meanwhile, there are several more employees working on this project and they also haven't finished their parts yet. But she was the only one being attacked.
In a meeting last week the supervisor blamed her again for not turning in the results on time. Despite the fact she explained to him that the delay was due to his continuos mind-changing and that the issue is quite complicated, he said that he didn't care. He accused her of being irresponsible and said that when she informed them about quitting, she caused serious chaos to the project. After the argument, that supervisor sent her an email and informed her that she was fired. Some days later, my friends received a notice from the company stating that she would have to sincerely apology to the company and agree to take responsibility for every damage of the project. Otherwise they would prepare to carry out the next legal action against her.
Above is the story. We have some following questions:
- In this case is she protected under US law?
- In the agreement, she didn't give them her SSN or passport number, in this case is the agreement enforceable?
- If they sue her, is there any chance that she can win the case?
Thank you for your time.
This is the case of my close friend. We have been seeking for advises for the last week.
She is a foreign student with F1 visa.
4 months ago she signed an agreement as a part-time employee for one startup company based in L.A. When I first knew abt it, I tried to persuade her not to get into it but she told me that the presentative of the company is a person she knew pretty well before coming to the U.S and he guaranteed that the company would take care of everything and this was no serious problem.
Recently she informed the company that she would quit since she had done some research and is now well aware that the U.S government takes illegal working very serious. Though she wouldn't stop working right away, she would work for 2 more months so that they can find another employee. However the company said that if she stopped working before the agreement is over, she would have to repay all the money she has received up to now, including salary, reimbursement of travel and compensate for the damage which she would cause to the project by quitting like that.
She had no choice but working for them until now. However, for the last 2 months, they haven’t paid her anything. The direct supervisor kept changing the requirements for the work so she couldn’t finish some parts on deadline. And he accused her of causing delay to the project. Meanwhile, there are several more employees working on this project and they also haven't finished their parts yet. But she was the only one being attacked.
In a meeting last week the supervisor blamed her again for not turning in the results on time. Despite the fact she explained to him that the delay was due to his continuos mind-changing and that the issue is quite complicated, he said that he didn't care. He accused her of being irresponsible and said that when she informed them about quitting, she caused serious chaos to the project. After the argument, that supervisor sent her an email and informed her that she was fired. Some days later, my friends received a notice from the company stating that she would have to sincerely apology to the company and agree to take responsibility for every damage of the project. Otherwise they would prepare to carry out the next legal action against her.
Above is the story. We have some following questions:
- In this case is she protected under US law?
- In the agreement, she didn't give them her SSN or passport number, in this case is the agreement enforceable?
- If they sue her, is there any chance that she can win the case?
Thank you for your time.
Getting Fired: Contract Dispute Between Company and Illegal Working Student (F1 Visa)
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