3 ms·

Dude go talk to a work comp attorney. You don’t have to pay up front and this is a textbook stress claim, esp if six months employment. It’s sad nobody knows th

by josto 6y ago

Dude go talk to a work comp attorney. You don’t have to pay up front and this is a textbook stress claim, esp if six months employment. It’s sad nobody knows their rights. Your first clue is the fact that they were pressuring you to resign. NEVER RESIGN. It sad he will be dealing with this stress for life but never thought that he should at least consult with an attorney??? THIS IS AMERICA. You think HR and those idiots are going to help you?? Anyone who has to deal with this crap, call an attorney!

olivierlacan 6y ago
I think there are several assumptions in your reaction. - that they would have been able to find let alone retain a lawyer out of grad school - that they knew enough about workers compensation law to event think of that option - that they somehow understood the existence of recourses beyond HR in a highly secretive and litigious company - that they weren't terrified that this could lead to long term stigma and stifle their career which is crucial to their ability to remain in the U.S. I say this as a white European who was under an [OPT][1] and somehow managed to find a company willing to sponsor its renewal. Even for me the process was opaque and terrifying and I'm extremely lucky that no one tried to take advantage of the situation. Had I fallen into the kind of toxic nightmare described in the post, it would also would have felt insurmountable. Most employers don't understand work visas and really don't care to but those who do surely understand the leverage they have. Even people on work visas often struggle to understand their rights since BY DESIGN they are dependent on employers for their ability to remain in the country. If you lose your job under most work visas, you need to find a new job immediately or pack up and go home regardless of the circumstances. Initially, there are [safeguards][2] to prevent wage discrimination for visa workers, but eventually after receiving a work permit, before its renewal, or before an employer accepting to sponsor a green card application, the baseline level of fear you're under effectively reduces job mobility for visa workers. Not being able to "quit and just get a new job" like most U.S. residents because their current one is utterly toxic, visa workers have to interview, secure a new employer, initiate a work visa transfer, all with unpredictable delays in transfer processing from USCIS which routinely leads to companies rescinding job offers because the USCIS is too slow (we're talking months and years) to adjudicate requests. The idea that someone under an OPT would launch a workers comp suit against Apple for emotional abuse is sadly very far-fetched to me. The OPT worker likely be quickly out of a job and their unemployment grace period (90 days for OPT, 60 days for H-1B) would quickly run out as interviewers for prospective jobs would ask "What made you want to leave Apple after such a short time?" [1]: https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-opt-for-f-1-students https://www.uscis.gov/working-in-the-united-states/students-... [2]: https://flag.dol.gov/programs/lca https://flag.dol.gov/programs/lca
- josto 6y ago
  1. Search google there are plenty of comp attorneys out there. 2. They would easily be able to find a lawyer. 3. He literally said on his website he went to the industrial clinic at Apple! He even lost time from work! Due to his work injury! 4. It doesn’t matter who the employer is.they will comply with a subpoena. 5. He doesn’t need to know work comp law. That’s what the lawyer is for. The bottom line is he has a work related injury. Even undocumented immigrants can get comp benefits. The stigma and visa are the only real issues here. As to stigma and them asking why he left Apple: it was toxic. Maybe some employers won’t like that or it may cause immigration troubles but that is something an immigration lawyer can advise on. Maybe there is a disability exception, maybe not. The fact is Apple will never change their behavior through hr. These employers only understand one thing: liability. That is how they change. If nobody files a claim nothing will change.
fredericr 6y ago
If you read the story, you know that the person here was a young woman, probably from Afghanistan, on a temp visa in the US. There is no way she's going to hire a lawyer, she's probably already back in her home country.
- josto 6y ago
  “Probably.” Assume much?

by josto 6y ago

olivierlacan 6y ago

I think there are several assumptions in your reaction. - that they would have been able to find let alone retain a lawyer out of grad school - that they knew enough about workers compensation law to event think of that option - that they somehow understood the existence of recourses beyond HR in a highly secretive and litigious company - that they weren't terrified that this could lead to long term stigma and stifle their career which is crucial to their ability to remain in the U.S. I say this as a white European who was under an [OPT][1] and somehow managed to find a company willing to sponsor its renewal. Even for me the process was opaque and terrifying and I'm extremely lucky that no one tried to take advantage of the situation. Had I fallen into the kind of toxic nightmare described in the post, it would also would have felt insurmountable. Most employers don't understand work visas and really don't care to but those who do surely understand the leverage they have. Even people on work visas often struggle to understand their rights since BY DESIGN they are dependent on employers for their ability to remain in the country. If you lose your job under most work visas, you need to find a new job immediately or pack up and go home regardless of the circumstances. Initially, there are [safeguards][2] to prevent wage discrimination for visa workers, but eventually after receiving a work permit, before its renewal, or before an employer accepting to sponsor a green card application, the baseline level of fear you're under effectively reduces job mobility for visa workers. Not being able to "quit and just get a new job" like most U.S. residents because their current one is utterly toxic, visa workers have to interview, secure a new employer, initiate a work visa transfer, all with unpredictable delays in transfer processing from USCIS which routinely leads to companies rescinding job offers because the USCIS is too slow (we're talking months and years) to adjudicate requests. The idea that someone under an OPT would launch a workers comp suit against Apple for emotional abuse is sadly very far-fetched to me. The OPT worker likely be quickly out of a job and their unemployment grace period (90 days for OPT, 60 days for H-1B) would quickly run out as interviewers for prospective jobs would ask "What made you want to leave Apple after such a short time?" [1]: https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-opt-for-f-1-students https://www.uscis.gov/working-in-the-united-states/students-... [2]: https://flag.dol.gov/programs/lca https://flag.dol.gov/programs/lca

josto 6y ago
1. Search google there are plenty of comp attorneys out there. 2. They would easily be able to find a lawyer. 3. He literally said on his website he went to the industrial clinic at Apple! He even lost time from work! Due to his work injury! 4. It doesn’t matter who the employer is.they will comply with a subpoena. 5. He doesn’t need to know work comp law. That’s what the lawyer is for. The bottom line is he has a work related injury. Even undocumented immigrants can get comp benefits. The stigma and visa are the only real issues here. As to stigma and them asking why he left Apple: it was toxic. Maybe some employers won’t like that or it may cause immigration troubles but that is something an immigration lawyer can advise on. Maybe there is a disability exception, maybe not. The fact is Apple will never change their behavior through hr. These employers only understand one thing: liability. That is how they change. If nobody files a claim nothing will change.

fredericr 6y ago

If you read the story, you know that the person here was a young woman, probably from Afghanistan, on a temp visa in the US. There is no way she's going to hire a lawyer, she's probably already back in her home country.

josto 6y ago
“Probably.” Assume much?