Re: Legal help please, greatly appreciated!

S

sanjay2002

New Member
My dear fellow GC seekers,

I have been under enormous pressure working under my current boss and I have been growing extremely unpatient with him right now. I want to take some action against him and greatly appreciate any suggestion from fellows.

My I485 was approved last month. PP is done, but haven't received the real GC yet.

The problem with my boss is that: on various occasions, he made racial remarks to me and my fellow workers from same nationals. Once he asked me to another VP's office and ask that VP such questions as : "Is xxx people smarter or Jewish people?" "Who earn more money, xxx people or Jewish people?" (my boss is a Jewish). And in other case, he shouted to one female worker "I will kill you". "You are full-time employee and you have 24 hours everyday, so you don't get paid for overtime and you have to work overtime."......

There are a lot such incidents and for obvious reasons, our foreigners didn't react the way we should just for the GCs! One of my country fellow was fired after some issue with my boss and now the other is gone. Now that my I485 is approved and we are thinking to take some legal civil action against the company but all these racial remarks haven't been recorded even if they are heard by many people. Here is my thinking and some concerns:

1. If we file a civil lawsuit against the company, do we present a strong case? We have couple former employees will testify, but who knows the other white people will do what? I guess they will keep silent or worse yet, maybe they will make some false testify against us?

2. The company on various occasions encourage employees to install pirate software even after we warn them that these software are illegal but they still ask us to do so and they even sent email to ask us to do so. The email evidence is kept and this is hard evidence. Can we combine this software issue with our civil lawsuit?

3. What is the implication with my GCs because someone said I have to wait 180 days (6 months) otherwise my employer can revoke my GCs? Is there any legal means that I can fight through this if we did file a civil lawsuit against the company?

4. This is a small company with assets estimated at less than 10 million. If we file such a civil lawsuit, how much benefits we can expect? Is it really worth us to do so? We really can't tolerate this bad boss, so we hope we can do something.

5. We have some other hard evidences against company such as they cheat customers on various ways. Do these side evidence help our cases?

6. The company is/was having about 4 legal issues with former employee, former exuctives, adding one more will that help us?

7. Finally, any one know of good lawyer for this kind of law suit, we greatly appreciate your information. Please let us know his contact information. We are in Philadelphia, Central New Jersey area, so any lawyer from this region is good.

Thanks everyone and greatly appreciate your suggestions!!

Sanjey2002
 
This could be a lawyer's gold mine

First of all you need hard evidence.

Memos, emails, minutes of meetings, details of any misconduct/warnings if you can, wire yourself and tape if you have to...those things are pretty cheap. Get a list of people who can testify. They have to swear that they testify. If possible get written accounts signed by them just in case they decide to otherwise later.

Consult a good litigation lawyer specializing in such discrimantion and harassment cases. They are a dime a dozen. Most will work no money and will want a piece ( a huge 30%) of the settlement if any. The first consultation might be free. Do not provide names/details of the company or the person on the free consultation. Unless you retain the lawyer do not give specifics just ask for what he needs. Most probably you will have to complain to his boss. But usually that will adversely affect you. Be prepared for consequences. Most juries are biased towards employees. Software piracy is a 'criminal' act and probably might be a separate Federal case. Discrimination cases are state cases ( I think). But asking you to use pirated software against your will amounts to harassment and gross violation of ethics policy.

Do not do this alone because it might affect you severly. Get partners and fellow sufferers, former employees who may have quit because of this and anyone who might help and then approach a competent litigation lawyer... preferably a Big outfit.

Work cautiously ... keep emotions under control.
 
Do not call for trouble

My suggestion will be do not call for trouble right now bear all that and part amicably when the time comes. Because the employer might at course suspend your services and let INS know that you are not working for them. Where INS will go and revoke your GC.

Therefore first find a job and sue the boss.
 
This is all my opinion only:

Suing for harrassment and the GC are separate issues. You have to make clear that you want to continue working for the company but that you want that this harrassment stops. Your lawsuit is threrefore against harrasment only - if they fire you as a result then your harrasment case becomes even stronger. As long as you firmly state that you want to continue employment for them but that it is the harrassment that you can't take any longer then the INS has nothing to do with this. If the company fires you then it is not you who quits. Of course, you want to be prepared to find a new job quickly thereafter. Don't start looking for a job already as there might be an email trace somewhere that would then show that you already looked for new jobs before the harrasment lawsuit and (possible) layoff took affect.

Also, if it helps, please know that you are not alone with your situation. I know more or less how you feel.
 
I strongly believe that legal action should be taken against your boss. But you also have to consider how your lawsuit will impact other foreign nationals who are awaiting their GCs. If that is not an issue then you should first seek competent legal help before you do things like wiring yourself, etc.
 
Dear sanjay

I’ve gone through the same ….
I’m in Jersey City, NJ and lawsuit filed in Hudson County
That’s why I can say for sure……

1. 1.Please file a written complaint with HR personnel sign it have them sign it and keep as a copy – it is very important – you can not just walk to court without showing your efforts to fix it
2. Also file a written complaint with his boss through email and keep all the email printed – it is very important
3. Try to keep everything emails – or if he says something to you – send him the email saying you do not like the way he approaches you or you feel you are discriminated
4. You can not use software issues – but you can say that he asked you to install pirated copy – I advised him about the legal issues – he made some comment that you Indian use pirated copies then we(Americans do…) – I had the same issue

I’ll write you more if I receive email form you at loveNsing@yahoo.com
Please do file a lawsuit – I ‘m very glad to learn about someone is also like me who is grown up now……LIKE A MAN….keep it up......


Take care
Good Luck……
 
Sanjay

My suggestion is , this time be prepared with a reply , a befitting one, u can afford to do it now, the worst case is they will fire u, which is OK now with u, with a GC.

Since u guys have never confronted him/her, u r taken for granted. Injustice done to you guys is as bad as silently suffering it.

This is though not a common scenario, that some rude folks will bad mouth Indians, out of jealousy or racial hate, but these cases are not unheard off. However, something which piss u guys off so much is worth fighting for.
 
Be Brave...

Remember...to do the right thing ..ti fight for the right cause...
U will need to be strong...
U will face problems...

But once U decide to fight...dont back off..
Fight till Justice is served....

BEST OF Luck...

LEt the Forum Know, if we can help in anyway...
I am lucky not to be in any such Environment...
 
File a lawsuit for sure. I have seen lot of people making derogatory comments against immigrants.

Try talking to the attorney general of u'r state and see. Also don't mention u'r company's name in any conversations with lawyers until u decide to file a lawsuit.


Some people have mentioned that having evidence in the form of recordings is necessary. From what I heard, recording of conversations is illegal in the US without the permission of the other person. Is that true?

Can somebody just record his managers conversation without the mgr knowing about it?
 
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