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Essay On Reinstatement

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Reinstatement and Back Pay Remedy for Illegal Discharge One of the hottest topics in the Trump Administration is illegal immigrants working as well as living in the United States without proper documentation. The law is increasing punishing firms who do not obey the law and elect to hire illegal individuals. The purpose of the Immigration Reform and Control Act of 1986 (IRCA) is to control unauthorized immigration into the United States adequately. Focusing specifically on the employment of illegal aliens, the Act makes it unlawful for a person or entity to hire, recruit, or refer for a fee, individuals who are not legally eligible for employment in the United States. Moreover, the law provides for employer sanctions and penalties if the …show more content…

The organization is now becoming involved in a discriminating case, after all, there is no way of knowing if they are truly illegals. The IRCA was not in place. Nevertheless, the Human Resource manager knows that one of the three individuals will be due to providing work verification. It is now that the HR department can check his documentation for authenticity. Considering the firm participates in the E-verify program. The documents come back as not being valid, thus proving false paperwork. The company must give the employee a letter to the employee indicating to him were to resolve the issue along with a deadline to present the correct papers. The Human Resource Department has very legal right to terminate their employment. The downside of this case is if the Human Resource Department decided to terminate the other two employees. The organization without a doubt would have to compensate back pay and losses to the other two employees. Recall courts are only interested in the fact and the evidence plus proved beyond any reasonable doubt (Berger & Kleiner, 1990, p.84). Now, fast forward to today. The firm is growing the once family owned business has sold the organization to a large corporation. The organization is building a state of the art facility and will be under new ownership. Therefore, every employee will have to re-apply for some positions as well as update the new information with the new

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