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HR and legal at their finest HR and legal at their finest HR and legal at their finest

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00:00 - 00:03Before we begin — it's a routine matter. One employee.
00:04 - 00:05His permit lapsed. We issued the termination notice.
00:05 - 00:07He resigns, or we discharge him. It's contained.
00:08 - 00:12Everyone who has not actually READ the regulation — leave. Now.
00:12 - 00:15.
00:17 - 00:19Read me the letter he sent.
00:19 - 00:21Sir — the obligation runs on the labor filing. Not the permit.
00:24 - 00:26There's binding case law. The worker was overseas. They STILL had to pay him.
00:27 - 00:28He performed no work for over a year. They STILL had to pay him.
00:31 - 00:33And the permit lapse? Does it end the obligation?
00:34 - 00:36.
00:53 - 00:58...It does not end the obligation.
01:13 - 01:15We cited the statute in the notice. Did anyone read subsection (h)?
01:15 - 01:17"Employment means labor performed WITHIN THE COUNTRY."
01:18 - 01:23HE HAS BEEN OVERSEAS THE ENTIRE TIME.
01:25 - 01:28We cited the one regulation that DEFINES AWAY OUR OWN CHARGE.
01:29 - 01:31The definition is four subsections below the one we quoted.
01:31 - 01:34ON THE SAME PAGE.
01:34 - 01:37And the deadline. We knew about this seven months ago —
01:37 - 01:40— and we issued the notice LAST WEEK.
01:40 - 01:42The time-bar argument writes ITSELF.
01:42 - 01:46And our outside counsel. The expensive one.
01:46 - 01:48He told the employee IN WRITING his choice was "reasonable."
01:48 - 01:52Our notice says he acted "DESPITE our advice."
01:53 - 01:54We contradicted our OWN LAWYER in our OWN DOCUMENT.
01:56 - 01:57It gets worse.
01:57 - 02:00The non-payment. It was willful.
02:00 - 02:03We swore to pay the wage on a federal filing —
02:04 - 02:08— and stopped paying him the very next month.
02:08 - 02:13The penalties run PER DAY. Per. Day.
02:14 - 02:16That's a quarter of a million in fines ALONE.
02:17 - 02:21Plus we lose the program. Every worker on it. All of them.
02:27 - 02:29The company is being sold. Billions.
02:30 - 02:34This becomes a disclosed liability in due diligence.
02:34 - 02:36This becomes a disclosed liability in due diligence.
02:41 - 02:42A public investigation. During the sale.
02:43 - 02:47And here is the part that finishes us.
02:48 - 02:53His letter. It doesn't ask for the penalties.
02:54 - 02:56It doesn't ask for the multiplier.
02:56 - 02:59It doesn't mention the sale. It is impeccably polite.
03:00 - 03:02It asks only to be "made whole."
03:04 - 03:07He's offering us the CHEAP way out — and we sent a termination notice —
03:14 - 03:16— the SAME DAY. We didn't even READ his letter first.
03:19 - 03:23He did everything we asked. It's in our own timeline.
03:25 - 03:26We wrote "he chose to" over a man who BEGGED to keep his passport. We said no.
03:31 - 03:33.
03:40 - 03:46Get outside counsel off the file. Call the man back.
03:46 - 03:49And find out who he's been talking to. He reads the regulations.
03:53 - 03:56...He reads the regulations himself.