Proposed Arguments
Seeking representation in NJ at U.S. District Court
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for a period shorter than the contractual term. I was actually employed from September 5, 1990, to November 15, 1991, forty weekly hours. The employer asked me and consequently I rendered overtime of about 352 hours. My annual wage should be $60,000 (without the overtime and moving expenses), and the period of employment should be three years. Energia's power of acceptance was terminated by my counter offer, proposed June 28, 1990. It became part of the contract since the offeror agreed by acting on July 2, 1990, making a petition for my employment as an H-1 alien (an expert) instead of a J-1 alien (a guset). On June 28, 1990, M.L. Energia, Inc. sent me by facsimile a blank I-129B Form (filing a petition for an H-1 visa) and I filled it in, specifying that I would work forty (40) weekly hours at an annual wage of $60,000, not including overtime. M.L. Energia, Inc. used this information on about July 2, 1990, when they filed a petition for an H-1 visa my beneficiary. They stated in their petition that they would pay me annual wage pf $60,000. However, they added that it would be done in collaboration with RAFAEL (Israeli Armament Development Authority). By doing so, M.L. Energia, Inc. abused networking with a senior officer in RAFAEL, who allegedly retaliated against me, because I had been a Whistle Blower. Another senior officer (at RAFAEL) wrote to M.L. Energia, Inc. praising my credentials. Had I known that M.L. Energia, Inc. implied in its petition a commercial relationship with RAFAEL I would never come and render a service to this firm. Essentially, I would plead that a new verbal contract was agreed between M.L. Energia, Inc. and me saying that I would work solely for M.L. Energia, Inc. forty (40) weekly hours at an annual wage of $60,000 for a period of three (3) years. According to this new agreement, overtime and expenses were not included in the annual basic annual wage of $60,000. M.L. Energia, Inc. employed me defacto from from September 5, 1990, to November 15, 1991, likely under the provisions of H-1 program, but for the purpose of this lawsuit my employment should be deemed three years, from August 13, 1990, to July 15, 1993. M.L. Energia, Inc. had petitioned for an H-1 visa my beneficiary, asking to grant three year. Consequently, a Notice of Action (I-797 Form) was issued by the INS, notwithstanding the petition was fake, incorrect, incomplete and unsigned. Under the provisions of H-1 program (before and after IMMACT 1990), employment (of an H-1 alien) commences when an alien enters the United States (for the purpose of work) and it is terminated when the H-1 status expires. If so, my employment commenced August 13, 1990, and terminated July 15, 1995. The employer has failed to take care of my return to my home country and accordingly my status has not been expired before July 15, 1993. Alternatively, I would plead that the termination date is the date of my return back to Israel (August 16, 1992). I have proven that on Saturday, November 2, 1991, Dr. Moshe Lavid called me urgently to come to the workplace and handed me one page letter informing that my position had been terminated effective as of November 15, 1991. For the following two weeks I attempted to resolve the conflict but failed. I would prove that the firm had preplanned to get rid of me in an attempt to escape employer sanctions. Undeniably, On August 13, 1991, the NSF revoked an award ISI-91-00358. It was an administrative action after M.L. Energia, Inc. had deceived the NSF by a false affidavit (mentioned elsewhere in this web site). Consequently, M.L. Energia, Inc. announced on October 18, 1991, a retroactive salary cut, which lead to a concocted "salary dispute." All the research staff members (at M.L. Energia, Inc.) objected the retroactive salary cut that had been imposed on them unlawfully. However, I was the only employee who was discharged, as a result of this fake crisis. My belongings including my personal documents, books, research stuff, etc. has been seized by the owners ever since. Following my return to Israel (August 16, 1992) I was informed by the US Department of Labor in a letter that M.L. Energia, Inc. might not have employed me without having on a file Alien Labor Certification and that the INS might not have granted the issuance of an H-1 visa my beneficiary. Dr. Moshe Lavid informed me that my anticipated position would be at a collegial site, quite close to and in collaboration with the University of Princeton in New Jersey. He also promised me that his firm would petition for a J-1 visa my beneficiary. His firm neither intended to petition for a J-1 visa my beneficiary, nor it might have done so. This firm had no affiliation with the Princeton University, although they were close geographically. There was no Certificate of Eligibility (Form IAP-66) issued by the United States Information Agency, as required by law, 274A(b)(11). When I accepted their offer they had no Alien Labor Certification issued by US Secretary of Labor as required for employment of any alien; There was no authorization of the New Jersey Department of Labor, but the INS couldn't care less. Offenses should be considered as RICO predicated because it was committed for prohibited financial gain. The INS deliberately failed to investigate possible employer sanctions violations, and that M.L. Energia, Inc. has engaged in a pattern or practice of employer sanction violations. 8 U.S.C. § 1324a(a)(1)(A). I had been an unauthorized alien as defined in the Statute, 8 U.S.C. § 1324a(h)(3). Moreover, M.L. Energia, Inc. abused me in an attempt to obtain commercial advantage and private financial gain, prohibited by law, 8 U.S.C. § 1324(a)(2)(B)(ii). If I knew at the time of acceptance (June 11, 1990) that the firm had no authorization to employ me, then I would have never accepted this offer. During telephonic negotiations the president of the firm implied that his firm had rendered research services and operated in collaboration with Princeton University in NJ (which was untrue). M.L. Energia, Inc. implied that its research staff could have free access to valuable resources of Princeton University (libraries, laboratories, accommodations, utilities, etc). For example, Dr. Moshe Lavid told me that accommodation renting fee would be not more than $500-600 monthly. This information was absolutely false, but I had not not known it then. Have I known it was a deception, I would never come to work for M.L. Energia, Inc. Before June 28, 1990, I realized that the cost of living in Princeton was quite higher than implied during negotiations, and that the prevailing wage in Princeton Area for a worker with my expertise and credentials was about twice, i.e. $60,000 per year. Additionally, I realized that accommodations at faculty dwelling were guaranteed only for those who signed a contract with the university directly. Accordingly, I was timely seeking additional reimbursement to cover cost of living, house renting and utilities, about $2,000 per month. Then I informed the firm that considering this new information I would come to New Jersey and render service, for an annual wage of $60,000, paid for 40 weekly hours (not including overtime), under the provisions, terms and conditions of an H-1 alien worker program. M.L. Energia, Inc. agreed to my demands and responded that it would petition for an H-1 visa my beneficiary, in order that I would be employed and be rewarded under the provisions of H-1 program. M.L. Energia, Inc. was incorporated as woman owned company in an attempt to obtain the benefit under the provisions of affirmative action. The owners however were deceiving the federal authorities and they suspected me to expose their wrong deeds. Federal law provides protection against fraud in the capital market, with respect to business. It is wrong for a company or a corporate official knowingly to make a misrepresentation in order to take value from another in a securities transaction. However, there is no federal law making it unlawful for companies and corporate officials to lie to employees or prospective employees. |
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