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me employers, vendors mosam chesi mimmalni 10gtunte


yomama

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  • use this below rule and help yourselves. All you need is lil courage and it will help you in the long run. Manchiga GCs ki kuda easy avachu if you help uscis in catching the scum. 
  • Pay cheques egarkottadam, time ki pay cheyakapodam, h1bs, gcs ki mere money meto kattinchukodam, tax frauds ilanntivi me degra evana evidences unte you can use them and get under this whistle blower act. Seriously all those people who felt helpless when their employer or vendor was fcking the ruthlessly, kindly man the fck up and call uscis to help your fellow indians.  
  • E roju meru okadni pattisthe dani valla 10 mandi lives save avtayi, vadi papana vadu potadu le ane attitude manukondi, meru ila baytiki vachi whistle blow cheste market set avtundi, rates normalize avtayi, interviews easy ga vastayi, bench periods taggutayi, arachakam ga tine layers kuda potayi. Help yourselves and help others.
  • dini valla meku vache nashtam aite 0%, but sati telugollaki jarige good aite chala undi, think and take the step.
  • Protections for H-1B whistleblowers. The final rule addresses the ability of H-1B nonimmigrant workers who are disclosing information in aid of, or otherwise participating in, investigations regarding alleged violations of Labor Condition Application (LCA) obligations in the H-1B program to provide documentary evidence to USCIS to demonstrate that their resulting failure to maintain H-1B status was due to “extraordinary circumstances.
  • Reporting Violations

    If you believe an employer has violated E-Verify program rules, discriminated against you or treated you unfairly, we encourage you to report it. You may be able to receive pay for work you lost and even get your job back. Also, the employer may have to pay fines for violating E-Verify rules.  

    To report employer misuse, privacy violations, and general E-Verify program complaints, contact the E-Verify Employee Hotline.

    E-Verify Employee Hotline               

                                                  

                                                  

    888-897-7781

    877-875-6028 (TTY)

    [email protected]

    To report employment discrimination based upon your citizenship, immigration status, or national origin, or other misuse of E-Verify, contact the Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC).

    OSC Employee Hotline

                                                  

    800-255-7688

    800-237-2515 (TTY)

     www.justice.gov/crt/osc/

    You may also file a formal charge against an employer with the Office of Special Counsel. For more information, visit the OSC website.

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PROTECTION FROM WORKPLACE RETALIATION

Protection from workplace retaliation means that an employer cannot take an "adverse action" against workers, such as:

  • Firing or laying off
  • Blacklisting
  • Demoting
  • Denying overtime or promotion
  • Disciplining
  • Denial of benefits
  • Failure to hire or rehire
  • Intimidation/harassment
  • Making threats
  • Reassignment affecting prospects for promotion
  • Reducing pay or hours
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FILE A COMPLAINT

File a discrimination complaint if your employer has retaliated against you for exercising your rights as an employee. If you have been punished or retaliated against for exercising your rights under the OSH Act, you must file a complaint with OSHA within 30 days of the alleged reprisal. In states with approved state plans, employees may file a complaint under the OSH Act (Section 11(c)) with both the State and Federal OSHA.

If you are filing a complaint under any other whistleblower statute enforced by OSHA, the time limit for filing varies by statute. They also must be filed directly with Federal OSHA. Refer to the Summary of OSHA Whistleblower Statutes to determine the time limit that applies to your complaint

You may file your discrimination complaint using any of these filing options:

  1. Online - Use the Online Whistleblower Complaint Form to submit your complaint to OSHA. Complaints received online from workers located in states with OSHA-approved state plans will be forwarded to the appropriate state plan for response.
  2. Download and Fax/Mail - Download the Notice of Whistleblower Complaint Form (OSHA 8-60.1) PDF, complete it, and then fax or mail it back to your local OSHA Regional or Area Office.
  3. Telephone - Call your local OSHA Regional or Area Office. OSHA staff can discuss your complaint with you and respond to any questions you may have.
  4. Letter - You may also send a letter describing your complaint to your local OSHA Regional or Area Office. Please include your name, address and telephone number so we can contact you to follow up.

OSHA will accept your complaint in any language.

OSHA conducts an interview with each complainant to determine the need for an investigation. If evidence supports the worker's claim of discrimination, OSHA will ask the employer to restore the worker's job, earnings and benefits.

The procedures for investigations of discrimination complaints are contained in the OSHA Whistleblower Investigations Manual: 

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Antha goppa response emi undadhu man. Information aithe boledu iccharu kaani. They don't investigate deep and take action.

Oka use aithe undhi, complaint chesina ventane auditing ki aithe vastharu, adhi choosi employer ki uccha....but they have many loop holes to get away.

 

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What laws cover the alleged retaliation?

The first step in reviewing a whistleblower claim is to determine what statutes or common law actions may provide a remedy. A case may be covered under more than one whistleblower protection provision. Depending upon whom one works for and in which state one is employed, the nature and scope of whistleblower protection are varied. In addition to explicit whistleblower protection laws, employees may also be protected under traditional tort or contract for damages resulting from retaliation for whistleblowing. 

The National Whistleblower Center has released a comprehensive publication of all Federal whistleblower laws and regulations. Click here for more information on this and other NWC publications.  (Top)

 

What is protected whistleblower activity? 

The underlying purpose of whistleblower protection laws is to allow employees to stop, report, or testify about employer actions that are illegal, unhealthy, or violate specific public policies. However, one of the most hotly contested issues in whistleblower law is the exact definition of protected whistleblower activity. Some states have very narrow definitions while others have definitions that are very broad. An employee or his or her attorney should thoroughly research the state law regarding the definition for his or her state. (Top) 

How long are the statutes of limitations?

One major weakness in many statutory whistleblower protection laws is the short statute of limitations for whistleblower cases. Failure to comply with a statute of limitations is one of the favorite defenses in whistleblower cases. The statute is generally considered to start from the time an employee learns that he or she will be retaliated against- not the last day of employment. Each state has its own statute of limitations for common law wrongful termination actions. Federal statutes protecting whistleblowers also have their own statutes of limitations, some as short as 30 days. (Top)

What are the remedies? 

The decision on how to pursue the claim will determine what statute of limitations is applicable, the types of damages that are recoverable, and in what forum the claim will be adjudicated. In some states, if the employee is covered by a federal statute, the employee may be preempted from bringing a state action. Some employees have filed for both administrative and common law remedies. Although this approach has been successful, it raises other issues besides preemption, such as res judicata and collateral estoppel. The employee should use extreme care in determining the pros and cons of each potential strategy. (Top)

What is a basic prima facie case? 

The following elements are the basic components of most whistleblower protection claims:

  • that the plaintiff is an employee or person covered under the specific statutory or common law relied upon for action;
  • that the defendant is an employer or person covered under the specific statutory or common law relied upon for the action;
  • that the plaintiff engaged in protected whistleblower activity;
  • that the defendant knew or had knowledge that the plaintiff engaged in such activity;
  • that retaliation against the employee was motivated, at least in part, by the employee’s engaging in protected activity;
  • that plaintiff was discharged or otherwise discriminated against with respect to his or her compensation, terms, conditions or privileges or employment; or suffered some other wrong actionable under state tort or contract theory;
  • that the plaintiff can demonstrate, by a preponderance of the evidence, that he or she would not have been subject to an adverse action in the absence of their protected whistleblower conduct. (Top)
How does an employee prove discriminatory motive?

The following general categories of facts or circumstances are used to establish a reasonable inference that the discharge was discriminatory:
 
  • employer's hostile attitude toward matter underlying employee's protected conduct;
  • employer's knowledge of protected conduct;
  • nature of protected conduct;
  • special conditions of employment following protected conduct and leading up to discharge;
  • disparate treatment of discharged employee prior to protected conduct;
  • previous expressions of satisfaction with work record;
  • disparate treatment of similarly situated employees;
  • termination procedure;
  • timing of discharge;
  • threats or retaliation against other employees for similar conduct.

Other factors that have been used successfully to establish circumstantial evidence of discriminatory motive are:

  • high work performance ratings prior to engaging in protected activity, and low ratings or "problems" thereafter;
  • manner in which the employee was informed of his or her transfer or termination;
  • inadequate investigation of the charge against the employee;
  • discipline, transfer, or termination shortly after employee engaged in protected activity;
  • the magnitude of the alleged offense;
  • absence of previous complaints against employee;
  • differences in the way complainant and other employees were treated;
  • determination that the employee was not guilty of violating work rule charged under;
  • charges of "disloyalty" against an employee for engaging in protected activity.
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Some examples of potentially unlawful immigration or citizenship status discrimination include:

  • You didn't get hired because the employer hires only U.S. citizens to do certain jobs.
  • You are a temporary resident with work authorization, but a company denies you employment because it doesn't want to deal with the “hassle” of filling out the appropriate paperwork.
  • Muslim, Asian and Latino employees are asked for copies of their work authorization papers, while other employees who are Caucasian or African-American are not asked to provide similar authorization papers.
  • You show your employer your driver's license and social security card, but your supervisor insists that you also show her a copy of your green card. When you point out that this is not required by law to fill out the I-9 form, you are told the company requires it.
  • You sign up with a temporary agency, and learn that a certain employer has work for someone with your skills and experience. The agency refuses to refer you to work for this employer because the employer wants to hire only U.S. citizens.

Discrimination, harassment, or retaliation against an undocumented worker on the basis of other protected statuses, such as race, sex or religion also violates the law.

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