Case Study
CASE 14, PAGE 46 LGA INDUSTRIES: EMPLOYING UNDOCUMENTED IMMIGRANTS
QUESTION: What factors appear to be affecting LGA Industries' staffing practices?
RESPONSE:
The factors that appear to be affecting LGA Industries' staffing practices are as follows:
Limited workers available due to the company was located in a small town
Most of the staff was immigrant workers and they did not have the appropriate documents to work.
The employment application process was not handle properly
The company did not keep I-9 forms for its workers.
QUESTION: Who is responsible for meeting the requirements of the Immigration and Reform and Control Act with respect to the completing of I-9 forms?
RESPONSE:
It is the employers' responsibility to maintain adequate records to ensure that all workers are eligible to work in the United States. If the verification process is not completed within three days of hire; it is a violation for the company with the Department of Labor.
QUESTION: If you were Martin, what would you do now?
RESPONSE:
At this point, Martin should terminate the service of the agency, and research other agencies to handle the company. The existing employees would remain with the company but I would try to advertise the companies' positions and provide that group with proper training. Additionally, I would work with the existing employees to make sure they have all the appropriate work documentation going forward.
EXERCISE 17, PAGE 56 IS THIS UNLAWFUL DISCRIMINATION
QUESTION 1:
WHAT LEGAL STATUTE(S) APPLY IN THIS CASE?
The legal statutes that apply in this case are the Violation of Title VII of the Civil Rights Act (discrimination based on religion) and wrongful termination.
WHAT ISSUE(S) MUST THE COURT DECIDE IN THIS CASE?
The court must decide if Elaine Mobley was wrongfully terminated due to religious discrimination.
IF YOU WERE THE JUDGE, HOW WOULD YOU RULE? DID THE EMPLOYER DISCRIMINATE UNLAWFULLY? WHY OR WHY NOT?
As the appointed Judge, I must review
QUESTION: What factors appear to be affecting LGA Industries' staffing practices?
RESPONSE:
The factors that appear to be affecting LGA Industries' staffing practices are as follows:
Limited workers available due to the company was located in a small town
Most of the staff was immigrant workers and they did not have the appropriate documents to work.
The employment application process was not handle properly
The company did not keep I-9 forms for its workers.
QUESTION: Who is responsible for meeting the requirements of the Immigration and Reform and Control Act with respect to the completing of I-9 forms?
RESPONSE:
It is the employers' responsibility to maintain adequate records to ensure that all workers are eligible to work in the United States. If the verification process is not completed within three days of hire; it is a violation for the company with the Department of Labor.
QUESTION: If you were Martin, what would you do now?
RESPONSE:
At this point, Martin should terminate the service of the agency, and research other agencies to handle the company. The existing employees would remain with the company but I would try to advertise the companies' positions and provide that group with proper training. Additionally, I would work with the existing employees to make sure they have all the appropriate work documentation going forward.
EXERCISE 17, PAGE 56 IS THIS UNLAWFUL DISCRIMINATION
QUESTION 1:
WHAT LEGAL STATUTE(S) APPLY IN THIS CASE?
The legal statutes that apply in this case are the Violation of Title VII of the Civil Rights Act (discrimination based on religion) and wrongful termination.
WHAT ISSUE(S) MUST THE COURT DECIDE IN THIS CASE?
The court must decide if Elaine Mobley was wrongfully terminated due to religious discrimination.
IF YOU WERE THE JUDGE, HOW WOULD YOU RULE? DID THE EMPLOYER DISCRIMINATE UNLAWFULLY? WHY OR WHY NOT?
As the appointed Judge, I must review