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Trump endorses clean DACA bill
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gdunn Offline
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Post: #111
RE: Trump endorses clean DACA bill
(01-12-2018 09:10 PM)Owl 69/70/75 Wrote:  
(01-12-2018 08:31 PM)UofMstateU Wrote:  
(01-12-2018 07:10 PM)Owl 69/70/75 Wrote:  
(01-12-2018 07:00 PM)Attackcoog Wrote:  
(01-12-2018 05:11 PM)Owl 69/70/75 Wrote:  OK, riddle me this.
You have a job applicant, he looks to be poor and hispanic, he has papers but you have some question about their authenticity. You try E-Verify but it is not reliable and does not give you a satisfactory result.
You can hire him and risk criminal penalties from ICE. Or you can turn him down and risk a discrimination suit from EEOC. Or you can move your plant to Poland and forget about it.
Which do you choose?
Good luck with the EEOC suit. You cant hire any worker without the proper documentation. Race is irrelevant.
You missed my point. Suppose the guy is legal, it's just that his papers are a little shaky. And E-Verify could get back to you in a week, but you needed a worker that day. He will say that you "obviously profiled him because he was hispanic." And don't tell me that won't get you and EEOC suit.
This is what happens: If E-Verify kicks back an issue with the verification process (and they sometimes require additional documentation) they will ask for the additional documentation and give a deadline. (About two weeks I believe) If the documents suffice, all is good. If they dont suffice, then you can no longer employ the person. You dont get "dinged" for the 2 or 3 weeks they worked while Everify was processing them, though.

But you need the work done today. You don't care about two weeks. So you hire somebody else. Turns out he was legal and he goes to EEOC. It's a real problem, despite your attempts to minimize.

E-Verify has gotten a lot better. But they still don't seem to be able to get timely turnaround.

Again if the law states everyone has to go through e-verify the case is thrown out. Also who is not going to plan ahead for the work? Your scenario is highly unlikely from the need to the lawsuit.
01-13-2018 08:39 AM
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Owl 69/70/75 Offline
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Post: #112
RE: Trump endorses clean DACA bill
(01-13-2018 08:39 AM)gdunn Wrote:  
(01-12-2018 09:10 PM)Owl 69/70/75 Wrote:  
(01-12-2018 08:31 PM)UofMstateU Wrote:  
(01-12-2018 07:10 PM)Owl 69/70/75 Wrote:  
(01-12-2018 07:00 PM)Attackcoog Wrote:  Good luck with the EEOC suit. You cant hire any worker without the proper documentation. Race is irrelevant.
You missed my point. Suppose the guy is legal, it's just that his papers are a little shaky. And E-Verify could get back to you in a week, but you needed a worker that day. He will say that you "obviously profiled him because he was hispanic." And don't tell me that won't get you and EEOC suit.
This is what happens: If E-Verify kicks back an issue with the verification process (and they sometimes require additional documentation) they will ask for the additional documentation and give a deadline. (About two weeks I believe) If the documents suffice, all is good. If they dont suffice, then you can no longer employ the person. You dont get "dinged" for the 2 or 3 weeks they worked while Everify was processing them, though.
But you need the work done today. You don't care about two weeks. So you hire somebody else. Turns out he was legal and he goes to EEOC. It's a real problem, despite your attempts to minimize.
E-Verify has gotten a lot better. But they still don't seem to be able to get timely turnaround.
Again if the law states everyone has to go through e-verify the case is thrown out. Also who is not going to plan ahead for the work? Your scenario is highly unlikely from the need to the lawsuit.

Maybe it's unlikely where you are, but not that unlikely for construction work in South Texas. E-Verify is supposed to be a safe harbor, but doesn't prevent some ambulance chaser from taking on a case claiming that you didn't properly submit to E-Verify and are thus not allowed to use the safe harbor, and then settle for nuisance value. And if you catch a break on weather, you very definitely may want to hire a bunch of people in a hurry to finish something. I don't do construction, but friends who do tell me that they are frequently in a bind on this.

Yes, it's a remote possibility, primarily because it's a remote possibility that any of them are legal. But an ICE raid is a remote possibility too. So which risk do you take?

I've said before, I'd favor some sort of permanent guest worker status, it's been called a red card, with no path to citizenship. That's the way the rest of the world handles it.
(This post was last modified: 01-13-2018 09:15 AM by Owl 69/70/75.)
01-13-2018 09:10 AM
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