Employment Documentation Disputes
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What are Employment Documentation Disputes?
Employment documentation disputes usually involve the documentation of immigrant workers in a business. For instance, an employer may come under investigation and will have to prove that all employees are legally allowed to work in the United States. However, employment documentation disputes can also involve other matters such as:
- Tax reporting
- The number of employees being reported
- Labor certification issues
- Information regarding employee salaries, bonuses, and benefits
These types of issues can arise in various settings, such as during a tax audit, in an employment lawsuit, or during an immigration investigation. Thus, it’s important to comply with the various legal requirements when it comes to employment documentation. Illegal alien employment violations create many problems for businesses every year.
How Does Labor Certification Work?
In some cases, an employer may be able to "sponsor" or petition a foreign alien to travel to the U.S. for work purposes. In such cases, they may need to fulfill various work visa requirements, one of which is the idea of labor certification. During the process of alien labor certification, the employer needs to prove that:
- The foreign worker meets all the eligibility requirements for the specific job
- There is a demand for the job position to be filled
- The job cannot be filled by local U.S. workers
The last requirement may be somewhat difficult for employers to fulfill. They may have to provide statistical information proving that they have had difficulty filling the position locally, and therefore need to hire from an outside source. The entire process needs to be followed in good faith, or else the employer may face penalties (for instance, if they did not give U.S. workers a fair chance at applying for the job).
How can Employment Documentation Disputes be Resolved?
Employment documentation disputes can often be resolved through an examination of the existing documents on file. Oral representations or claims are generally not sufficient to establish an employee’s eligibility to work legally in the country. This is why it is so important for both the employer and the employee to maintain good records of the documentation papers. Many work and immigration documents are being filed electronically now, which can help prevent instances of fraud or mistake.
Also, employers can help to avoid disputes in the first place by double-checking to make sure that all employees are legally allowed to work in the country. They should conduct periodic investigations of records, and of hiring managers to ensure that there are no employment law violations occurring in the workplace.
Do I Need a Lawyer for Help with Employment Documentation Disputes?
Employment documentation laws can sometimes be complex, especially when dealing with labor certification. You may need to hire a lawyer if you need advice or instructions regarding employment documentation. Your employer can provide you with guidance regarding employment laws, which can be very different from state to state. Also, your attorney can assist you in court if you’ll be involved in an employment lawsuit.
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Last Modified: 07-23-2013 10:00 AM PDT
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