Former Employees Sue the State of Arizona for Lay Offs
National News
Arizona violated its own rules by firing employees without five days notice and without offering a voluntary separation program, a class action claims in Maricopa County Court. The Service Employees International Union Local 5 Arizona and its members want the state enjoined "from terminating their employment in violation of their rights."
The Arizona Administrative Code sets forth termination procedures including "the use of a 'retention point' system to determine the order of terminations ... with points based on an employee's performance evaluation and length of service," five-day notice of termination, the ability to request a termination review before it becomes official, and "the offer of a voluntary separation agreement," according to the union.
Plaintiffs were or will be fired in a force reduction, effective on the day they receive notice, the union says. They were not offered a voluntary separation program and one plaintiff never received a response from the Department of Administration after requesting a review of her termination, according to the lawsuit.
SEIU Local 5 Arizona represents 5,000 state employees. It claims that more than 700 state employees will be fired as part of the force reduction.
The union and eight named plaintiffs are represented by SEIU attorney Gene B. Mechanic and Nicholas J. Enoch with Lubin & Enoch.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.