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You mean for example a US employer who is being harmed because their potential employee is presently stuck in an airport unable to work violating a valid employ
by shawn-butler 10y ago
You mean for example a US employer who is being harmed because their potential employee is presently stuck in an airport unable to work violating a valid employment contract, or do you mean a potential employee who is in their home country?
I think the first is arguable but there would have to be some actual harm, the second probably less so.
It is my understanding the executive order allows DepHomeSec the ability to allow entry on a case-by-case basis so any potential plaintiff already has an avenue to exhaust prior to seeking relief in a federal court.
- ComputerGuru 10y agoThe former. Not just "potential" employee, though. Many companies have employees that are out of the country on business, visiting family, etc that cannot get back in.
- shawn-butler 10y agoProbably. It really does seem that the next several years are going to be an extremely litigious period. The order does contain a clause specifying that SecState and DeptHomeSec can admit people from these countries on a case-by-case basis that are in the national interest. So I imagine an employer could be able to use his or her political influence to get their employees return access in this framework. But this administration is anything but predictable.