- A sketch of this pleading:
M.L. Energia, Inc., its owners and some INS agents are liable for defrauding me, breaching an employment contract, ultimately abusing me by committing illegal actions, likely racketeering with money people and politicians, in an attempt to obtain prohibited commercial advantage and private financial gain. Lastly they were covering up their misconduct.
Initially the president of M.L. Energia, Inc. 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 that his firm would petition for a J-1 visa my beneficiary. The 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, and in particular the INA 274A(b)(11). Their offer was knowingly and intentionally given without an Alien Labor Certification issued by the U.S. Secretary of Labor as required for employment of any alien; There was no authorization of the New Jersey Department of Labor; and there was no acknowledgement of the INS, granting issuance of a working visa my beneficiary.
- Cause of Action
- Undisputed Facts
- Background Argument:
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.
Besides, M.L. Energia, Inc. was falsely incorporated as woman owned company in an attempt to abuse affirmative action. They were deceiving federal authorities and they knew that I was about to expose their wrong deeds, with respect to defrauding DOD - Dept. of Defense, EPA - Env. Protection Agency, NASA, and the NSF - National Science Foundation, as well as the GRI - Gas Research Institute.
Therefore I intend to plead:
- THAT the referral for a fee for my employment was illegal; it was obtained in violation of 8 USC section 1324a(a)(1).
- THAT the employer has absolutely failed to remedy that void and that the owners have knowingly violated the INA, 8 USC section 1324(a)(2).
- THAT M.L. Energia, Inc. employed me unlawfully abusing a revoked letter contract, and by doing so the owners violated violated 8 USC section 1324a(a)(4).
- THAT M.L. Energia, Inc. employed me unlawfully, and at the same time pretended as if there was alien labor certification on a file, as prescribed by the statute 8 USC section 1182(a)(14), effective before IMMACT 1990, or alternatively the amended and extended statute, 8 USC section 1182(n) following IMMACT 1990.
- THAT only in August 1995 I discovered new evidence as a result of my FOIA appeals. The Office of Special Counsel in Washington, DC, concluded in an internal memo that the employer had discharge me from employment, because I had refused to collaborate in fraud.
- THAT M.L. Energia, Inc. had never informed its working staff about its intention to employ foreigners as required by law. Moreover, the firm dismissed local employees to replace them by uncertified aliens working at lower wages (notwithstanding its false petition before the INS for an H-1 visa my beneficiary).
- THAT M.L. Energia, Inc. had failed to obtain (from the State of New Jersey) a permission to employ out of State employees.
- THAT I replaced two domestic workers, who had been terminated deliberately. The employer intentionally replaced domestic workers by a foreigner (that's me) not certified for work, knowing that as such I was not protected by the DOL.
- THAT the firm has intentionally failed to follow I-9 requirements, and by doing so the owners violated 8 USC section 1324a(a)(2).
- THAT in July 1991, the NSF investigated this firm about its employees, and that the V.P. provided a false affidavit concealing the fact that I was their employee.
Obviously, they did so because I was not certified for employment.
- THAT the owners of M.L. Energia, Inc. had known that my employment would be unlawful, and accordingly they had committed fraud, as delineated above, and I was harmed by this action.
- THAT the employer discharged me and expelled me in an attempt to escape employer sanctions under the provisions of the INA.
- THAT the owners' liability is absolute and exhausting, and
- THAT the owners of M.L. Energia, Inc. are personally liable to reimburse me (piercing the veil of the corp.).
- THAT the owners of the firm initiated the fake dispute. It was maliciously concocted to cover-up my wrongful discharge.
- THAT the owners falsely claimed that I had resigned. Undeniably, I have already proven they had fired me in the manner which I attested. Therefore the employer breached the employment contract predicated on its petition before the INS to issue an H-1 visa my beneficiary for three years.
- THAT the owners were concerned that US authorities would expose that they unlawfully employed me (also other aliens). The owners conducted negotiations with me on behalf of their firm in bad faith, deceiving me.
- THAT M.L. Energia, Inc. ultimately exploited me, in violation of law and then breached employment contract with me, by withholding salaries, and seizing my personal belongings and my intellectual property.
- THAT the owners had never intended to follow the new contract as of June 28, 1990, by which they were obliged to pay me an annual wage of $60,000 for three years (not including overtime and expenses). M.L. Energia, Inc. employed me unlawfully in an attempt to obtain prohibited commercial advantage and private financial gain, in violation of 8 USC section 1324a(a)(2)(B)(ii).