IRCA Does Not Trump Firing Without Good Cause

( Categories : Court )
A $1.08 million award to an immigrant employee who was assured by management that his job would be “secure as long as he continued to perform well” and was terminated after his visa became invalid, will stand, rules the Ninth Circuit. According to the Court, Fendi North America was not compelled by the Immigration Reform and Control Act to terminate the employee, who needed time to change his visa status. “Fendi could lawfully have taken action other than discharge, and been in compliance with IRCA,” the Court noted, pointing out that the company could have granted the employee’s request for temporary, unpaid leave so he could resolve his work authorization problems. Giancarlo Incalza v. Fendi North America, Inc.