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Hired under wrong pretence/incentive

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35andolder

Junior Member
I live in texas.

I have a friend who is an international student, (who was able to work for one year because of Optional practical training) and his employer hired him with a low salary but told him that he would help him get a work visa. Well he worked for 9 months and after doing half the paperwork for it after 9 months, he said he couldnt go forward because my job position did not qualify for sponsorship, according to his company's legal department.
After he found this out he was fired immediately.

The employer proceeded to tell him that he never promised sponsorship. And that the person should not "**** with him." He also said he "convinced" the legal department that the person was not trying to hide anything from the firm.

I am of the belief that, the legal department was never, informed, asked or notified of anyone needing a work visa.

Now that he is unemployed he cannot be sponsored because the window for that has been closed.

Does he have a case against his employer? On the grounds that he was hired under wrong pretences and the employer did not observe due diligence in seeking the facts when hiring him?
 
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Beth3

Senior Member
Did the student have a work visa to begin with? If he only had a student visa, that severely restricts his ability to work at all, other than for a limited periods for the school he is attending. If this individual didn't have a work visa or he/the employer hadn't applied for one before he started working, then they were BOTH breaking the law.
 

35andolder

Junior Member
The student was legally able to work for one year. Because he was on something called optional practical training. Which allows them to work for one year!
 

Beth3

Senior Member
So the question is whether your friend has a claim for detrimental reliance. That will be so very fact-specific, no one here can make that call. Your friend will need to consult with an employment law attorney to determine whether he has a claim against the employer. Even if he does, your friend should also ask the attorney what it's going to cost to pursue it. I expect your friend's damages are limited.
 

35andolder

Junior Member
I did a search on detrimental reliance, although its similar i dont think its exactly what im thinking of persuing.

It would be similar to a company promising a bonus or even the use of a company car and then not paying it. What situation would that be?
 

Beth3

Senior Member
It would be similar to a company promising a bonus or even the use of a company car and then not paying it. What situation would that be? Nothing, unless the promise was made in such a manner that it constituted a contractual agreement which is seldom the case.
 

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