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Old 08-17-2019, 04:46 PM
k9bfriender is offline
Join Date: Jul 2013
Posts: 11,495
Originally Posted by Odesio View Post
This was the employers fault. No adverse action may be taken against an employee based on a tentative nonconfirmation result from E-Verify. The proper thing to do is to provide the employee with the Further Action Notice from E-Verify, ask the employee if they wish to context the TNC, and then wait for the final results before taking adverse action against the employee.
They did not take adverse action against the employee. He still worked there, he still got paid. He just didn't get a promotion that he was never promised. As training was 6 weeks of offsite work with instructors and quite a bit of equipment and material, it makes sense for them to not invest that heavily into someone who may not be there soon. I conservatively estimate that they paid at least $10,000 on my training, if you include my pay, the cost of me driving their vehicle all over the state, the materials I used, the rent on the location that we used, and paying the instructors.

It was a very large company, and this was pretty standard practice, so I assume that they made sure that how they were doing it was legal.

Hmmm, I can't find a direct answer either way, but if your company offers a signing bonus, would that bonus need to be paid to the employee before the matter was resolved? If so, can you claw it back from their pay if it turns out that they are not legal?