legal resident fired due to employers failure to do pre hire paper work?

[elizabeth8601]

What is the name of your state (only U.S. law)? CA

I apologize for this being so long! bare with me.


Hello, let me start off by stating that I am living in CA legally for the past seven years (Canadian) and am currently awaiting my green card, therefore, I have filled out all proper paper work , have my work authorization card, and my social security card etc.

I have had several jobs since I have gotten my work authorization and social-all of which have asked me (prior to not knowing I am Canadian) for a legal form of i.d. and to fill out proper paper work-then I would give them my i.d. social and work autho card which they then photo copied and put on file.

I recently got a job as a receptionist at a salon-I was never once asked for i.d. or to fill out paper work or even an application.I was hired .Then a few days into the job asked to do a w-4.

As weeks went by I realized she never asked for Id. I told her how I'm here legally and legally able to work. She just nodded her head and said ok bring your stuff in sometime. I did. and she was not there. I come in twice and she did not ask for it so I figured Id photo copy it and give it to her to keep and put on file. During the times I came in to work- I over heard her gossiping about me etc.. I had a feeling she was going to fire me by the things she was saying.

Tonight(a day after my last shift stated above),late at night, the night before my next shift, I get a phone call from her firing me. She treated me as if I'm here illegally telling me that I am in the wrong and that I need to fill out proper paper work and that she shouldn't have even paid me and then proceeded to scold me. I told her I am here legally-and she ignored that..stating I could have gotten her in trouble and that I am lucky she didn't get me in trouble. She then told me to come pick up my check. ANd that she knows of lawyers to help people like me with their proper paper work to work here.

I am going in tomorrow to pick up my check. What are your opinions on this matter. Is it right she fired me? If she wanted to keep me-she could have just filled out proper paper work in the first place-and even after this call-she could have just filled out paper work& photocopied my cards. I feel she just looked for an excuse to fire me.

 

[JETX]

What are your opinions on this matter. Is it right she fired me?

Yes. An employer does not need a reason to terminate you. The only restrictions are that she cannot do so if her conduct is prohibited by state or federal discrimination laws, which clearly is not the case.

I feel she just looked for an excuse to fire me.

She doesn't need an excuse. She can terminate you because she simply may not like you, doesn't like your hair color, too many tattoos/piercings, or any of the other thousands of reasons.

File for unemployment compensation and find another job.

 

[Zigner]

This *may* qualify as discrimination based on national origin.

 

[JETX]

This *may* qualify as discrimination based on national origin.

I don't believe that would apply.... as the termination was not due to a "specific ethnic group"... or even known if that was a reason or cause.

 

[Zigner]

I don't believe that would apply.... as the termination was not due to a "specific ethnic group"... or even known if that was a reason or cause.

This is California - based on the comments made by the employer, a national origin discrimination claim *may* stick.