Employer Employee Relationship Questions: Fill & Download for Free

Honestly, when you’re being interviewed, don’t try to BS. When I’m hiring, I’m going to be smelling for BS from 100 miles out. Every employer-employee relationship is contractual and any employer that is worth your time working for should understand that you need to get something out of working for them. I would recommend saying something along these lines:“I cannot provide a guarantee that I will stay forever but I can tell you that when I join a company I won’t consider leaving unless leaving is the better option for me and my family. And, if I ever do consider leaving because of another offer, I would discuss with my manager why I think the incoming offer looks like a better option for me and then see if there is something we could do that makes sense for both me and the company to help me choose to stay. I fully recognize that there may be times when it makes the most sense for us to end our relationship as employee/employer but I will always default to having an open conversation before leaving. Also, I don’t look just at the salary when making a decision on an offer. What I am mostly looking for is whether I am being fairly compensated for my contributions and whether the company supports my career objectives.”

Surely the actual minimum wage is zero, since you don’t need to hire any given person if you don’t want to.It escapes me how not hiring someone violates their rights. Are your rights violated because I won’t hire you? Does everyone have the right to be hired for any job they want? Really?And let’s not forget that there are many who work for organizations and are paid nothing at all. We call them volunteers. Are their rights being violated? Heck, I’m not being paid to answer your question. Are you violating my rights?I’d look at the employer-employee relationship as a voluntary one, which is formed only when both parties want it to, and both agree on the terms. Two parties associating with each other voluntarily are not violating each others rights.

FYI: Effective Sept. 11, 2018, USCIS officers are no longer required to issue a Request For Evidence (RFE) or a Notice of Intent to Deny (NOID) and may outright deny an application, petition or request for even minor clerical mistakes.4 major issues with H-1B visas that can trigger an RFE1. Deference to previously approved visasThe first major hurdle for H-1B visa holders came in the form of Policy Memorandum 602-0151 issued on October 23, 2017. The new memorandum rescinded previous guidance, issued April 23, 2004, that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions.2. Level 1 wageThe second complication to H-1B petitions is wage levels. More H-1B RFEs now question wage level 1. On March 31, 2017, USCIS issued a policy memorandum that put into question the qualification of ‘computer programmer’ as a specialty occupation. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage. USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.3. Specialty occupationThis brings us to the problem of singular degrees and specialization. USCIS contends that a specialty occupation requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor's degree or its equivalent. The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities. Under the new policy, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.4. Right to controlAnother obstacle to the H-1B visa is the “right to control” in which USCIS scrutinizes the employer-employee relationship by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site.If the work is performed off-site, then the method and frequency of supervision are analyzed. USCIS further evaluates the employer-employee relationship in a myriad of ways, most common are: who pays the H-1B worker, sets their hours, directs their daily tasks, is in charge of hiring and firing, provides benefits and claims the worker for tax purposes. The use of proprietary information and whether the end work product is directly linked to the H-1B employer's (petitioner's) business is closely examined.To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success.