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Potentially Discriminatory Policy?

Discussion in 'College and University Faculty' started by prof1, Apr 1, 2015.

  1. prof1

    prof1 New Member

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    Hello Ron,

    I was recently awarded tenure at a University and was asked to sign a letter that basically stated that in the event my eligibility to work in the US (permanently or temporarily) expires, I will have considered to have resigned my tenured position. Additionally, it requires me to waive all rights to appeal and due process. Can a University require me to sign such a letter? My understanding is that tenure is a hiring decision and any discrimination based on immigration status is against federal laws. Is that correct?

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Talk to an employment lawyer about it, but I suspect it is legal. The university is saying that if you lose your work authorization, that will constitute a resignation. As a practical matter, how would you propose to work if you lost employment authorization?
     
  3. prof1

    prof1 New Member

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    That is true. However, I think the issue is with the language - for example, the letter says that ineligibility to work (even temporarily) will result in an automatic resignation with no appeals process. So, for example, assuming I am using my EAD, if my pending application for 485 is denied due to an error on USCIS's part (which can potentially be rectified), do I automatically lose my tenured position without any appeals process? Anyway, I wanted to get some initial feedback from this forum and your thoughts on this. I wasn't sure if you had seen something like this before.

    Thank you again for this valuable service to the immigration community.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Talk to an employment lawyer and don't be afraid to negotiate with them.
     

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