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  • Wrongful termination

    My friend was sexually harrassed in his employment whilst on a J1 visa. He was offered limited support from his sponsor and employer and contacted [email protected] for guidance and advice, eventually leading to a complaint about his sponsor via the Office of Private Sector Exchange (OPA). The OPA contacted my friend to say that they were investigating his complaint but would be working with his sponsor.

    When my friend requested a meeting with the sponsor, he was told that his visa status was terminated and that he had to leave the country immediately. He did this.

    In contacting OPA, they sent the following:

    OPA presents the following conclusion:



    ยท As set forth in 22 CFR 62.40(a)(3) Termination of program participation, (a) A sponsor shall terminate an exchange visitor's participation in its program when the exchange visitor violates the Exchange Visitor Program regulations and/or the sponsor's rules governing the program, if, in the sponsor's opinion, termination is warranted. Therefore, if it is in your sponsor?s opinion that you have violated their rules governing your program, the EVP federal regulations permit them to terminate your program.



    Following this, emails were sent to OPA and the sponsor to ask the exact reasons for the termination, but NO-ONE has given a reason. We have been told that the reason is undisclosed, so my friend is not even aware if he actually did what they have thought he has done.

    Has his sponsor acted lawfully? Should there be further support for him (bearing in mind the sexual harrassment that was encountered)? We are struggling to find legal assistance as immigration and employment lawyers are passing us around to each other. Any advice or assistance would be very much appreciated.

  • #2
    The former employee would seek redress through the state courts where the wrongful action occurred
    S/he should engage an employment attorney licensed to practice in that state. I don't think she's spoken to the right kind of labor law practitioner yet; contingency fee labor law practitioners would have no reason to pass the buck or coordinate with an immigration attorney

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