Work discrimination (or is it?) due to OPT expiration

Silverdragon102, BSN · Jun 20, 2008

Not sure about discrimination seeing as you had no contract and was due to finish in a couple of weeks, the question now is what are you going to do to stay in the US legally?

summerbummer21 · Jun 20, 2008

Been accepted at a univ and will get my bachelor's this upcoming fall. The thing was, my visa has not expired yet and the lady talked to me like she just wanted me out of the building as soon as possible. It was humiliating and degrading in a way.

Ginger's Mom, MSN, RN · Jun 20, 2008

Unfortunately when you are let go that is the way most employers treat you. I assumed you signed a statement that you would here legally. Most places orientation takes more than a couple of weeks therefore keeping you one more week would not have been a benefit to them. It takes several months before a nurse knows the ropes.

suzanne4, RN · Jun 20, 2008

The issue is that your work documents were set to expire and we told you that this was going to be a problem for you with only a short time to work.

A facility invests time and money in you when they hire you, it is not that you are put to work with patients directly on your own immediately.

The question for you is what did you tell them when they hired you in the first place? Remember that there is normally a three month probation period as well and one can be fired for any reason if the facility so desires.

This has nothing to do with a visa, but has everything to do with the expiration of the OPT next week and it is never renewed. That they even let you start work makes me think that they did not understand that you would not be permitted to work after next week, and they may have not known this from the start. Did you actually submit a copy of your EAD to them when you started?

You also are not going to be able to work after next week until you meet the requirements once again to be able to do so. You are unable to automatically continue as before. You will have to apply again when the time is ready for it.

And this was a training program, as it was part of the OPT and student visa, so there was never any discrimination to you made. Not sure why you were even thinking that.

And what were you actually planning to do when you could not work after next week? Did you submit a letter to them telling them that fact before they asked you to do that. They also could have been upset that you would not be providing them with two weeks notice and suspect that is what caused you issues as well.

But please, do not try to blame it on anything else at all. There is just no reason for it.

suzanne4, RN · Jun 20, 2008

OPT is strictly for training experience and nothing more than that. Without having that year, you would have never been offered a job in the first place, but unfortunately, your time started when you applied for it last year and did not take into account the time that it took for you to pass the NCLEX exam.

Not giving them two weeks notice and having to leave next week is grounds to let you go now, this is the same in any hospital as well.

summerbummer21 · Jun 21, 2008

Did you actually submit a copy of your EAD to them when you started?

--> Of course I did.

You also are not going to be able to work after next week until you meet the requirements once again to be able to do so. You are unable to automatically continue as before. You will have to apply again when the time is ready for it. --> Thanks, but I do know that.

And this was a training program, as it was part of the OPT and student visa, so there was never any discrimination to you made. Not sure why you were even thinking that. --> I felt discriminated in a sense that I was told to "clock out, leave immediately, and get my last paycheck" WITHOUT asking me anything about the matter. I felt like I had some kind of disease that I had to go home pronto. Plus this was not the same person I explained my situation to, I have not even talked to this person, so I do not think I deserved to be treated like that. Everyone at work thinks what they did to me was wrong, even the doctors and the nurses, because they could have at least either not made me go to work that day or just have me end my shift in a dignified manner.

And what were you actually planning to do when you could not work after next week? --> There's a 60-day grace period following my OPT and I'm going back to school for my BSN.

Did you submit a letter to them telling them that fact before they asked you to do that. --> They just asked me to submit a letter yesterday, which I was supposed to submit today. But I didn't get a chance to when they gave me the big shocker.

They also could have been upset that you would not be providing them with two weeks notice and suspect that is what caused you issues as well. --> If I'm counting it right, it's exactly TWO WEEKS from the time I told them to the time when I plan my last day at work to be.

But please, do not try to blame it on anything else at all. There is just no reason for it. --> I am just upset; I hope you understand that. I just thought I still have a week to go and save a little bit more. But oh well...

summerbummer21 · Jun 21, 2008

"It is illegal to discriminate against someone based on sex, race, color, disability status, or anyone with a future employment expiration date."

Well that's what it says on their application for employment! Also, they have an At-Will employment policy, that employees can quit anytime with or without reason, at least two weeks prior, which I did. Believe me, I read EVERY SINGLE THING they handed out to me because I was SO CAREFUL with this employment given my situation.

lawrence01 · Jun 21, 2008

There is no discrimination at all. I suspect that it was simply a mistake on their part to even hire you on the first place and they may have overlooked that your OPT is expiring very soon. Have they known that, they probably would have not even hired and let you start from the very beginning.

There also have been instances that some applicants (not you) purposely do not say that the EAD was for OPT and let the employer presume that the EAD is a result of a pending I-485 w/c employers know can be renewed annually unlike an EAD from OPT that is only good for 1 year and cannot be renewed. Seen some doing it and a few even posted of doing it this way. Sometimes, it takes time for the Human Resources Dept. to find out but when they do they have grounds to let go of anyone.

And since there is no contract either between you and the employer then I do not see why the employer can be held liable for anything. You can quit anytime as you've mentioned and they can let you go anytime as well. It works both ways.

Atheos · Jun 21, 2008

"It is illegal to discriminate against someone based on sex, race, color, disability status, or anyone with a future employment expiration date."
Well that's what it says on their application for employment! Also, they have an At-Will employment policy, that employees can quit anytime with or without reason, at least two weeks prior, which I did. Believe me, I read EVERY SINGLE THING they handed out to me because I was SO CAREFUL with this employment given my situation.

At-Will also means they can fire you for any reason...

I understand this must be stressful and frustrating but a word of advice from the rest of us fellow minorities. I notice a lot of people from out of country are quick to claim discrimination. Not only does this usually weaken your case, it weakens future legitimate claims of discrimination. You haven't really posted any info that could lead anyone to believe it is discrimination. Please, don't assume something is discrimination automatically. If it were discrimination you WOULD know it. Without a doubt. The fact that you are not sure leads me to believe it isn't.

Promin · Jun 21, 2008

Summerbummer21 I understand that if frustrating, but why did you apply for this job if you had just one month of OPT left? How come that you wasted most of your OPT? Now, let me suggest something, talk to your International student advisor about CPT (curriculum practical training). This is how it works. Your school probably has clinical sites for their students. According to the law http://www.ice.gov/sevis/regs/8cfr214_2f.htm

An F 1 student may be authorized by the DSO to participate in a curricular practical training program that is an integral part of an established curriculum. Curricular practical training is defined to be alternative work/study, internship, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.

So basically the nursing department has to make up an assignment for you that requires you to work at the hospital as a nurse. You must get a credit for this assignment. This is one of the way for you to work legally as a student. You should not exceed one year of full-time CPT as you will become ineligible for OPT after completion of the course.

Ginger's Mom, MSN, RN · Jun 21, 2008

Most places expect a new hire to be there more than 6 weeks. I would not apply for another job with the intention of only staying a few weeks or months. It does not sit well with employers.