Stop Abuse directory Seeking Representation
In spring 1990, M.L. Energia, Inc. (a small busines firm in NJ, USA) were seeking employees. The sole owners, Moshe and Nira Lavid had networking with a few Israelis, who contacted me. Consequently the Lavids offered me a job as a visiting scientist, knowing that I was a civil servant of the State of Israel and that I was eligible for a sabbatical leave from RAFAEL.
On May 31, 1990, this firm sent me two letters: (1) a job description signed by Dr. Moshe Lavid, and (2) a referral for a fee for employment signed by Ms. Nira Lavid. I accepted this offer on June 11, 1990, and made some exceptions.
Consequently, on June 28, 1990, M.L. Energia, Inc. sent me by facsimile a blank I-129B Form and asked me to fill it in. Within this form I specified that I would work forty (40) weekly hours for an annual wage of $60,000, not including overtime. M.L. Energia, Inc. used this information on about July 2, 1990, when this firm filed a petition for an H-1 visa my beneficiary. This firm stated within its petition that it would pay me annual wage of $60,000, in collaboration with RAFAEL (Israeli Armament Development Authority).
M.L. Energia, Inc. employed me from from September 5, 1990, to November 15, 1991, likely under the provisions of H-1 program. The firm failed to have an LCA on a file, to file an I-9 form and to pay me the prevailing wage as agreed (and as petitioned before the INS). Lastly, the Lavids fired me and they are still withholding my belongings for over six years.
The record of the Office of Special Counsel in Washington, DC, would show that on March 17, 1992, Mr. Bruce S. Friedman, Esq. (civil servant attorney OSC) wrote in an internal memo:
On August 13, 1991, the NSF revoked an award ISI-91-00358, granted previously to M.L. Energia, Inc. Consequently, this employer announced on October 18, 1991, a retroactive salary cut, which lead to a "salary dispute." I was the only employee who has ever been discharged by this employer.
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. My belongings have been unlawfully seized by the owners of the firm 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.
Following two and half years of legal contest at the Administrative Court of the Executive Office for Immigration Review, I have proven in July 1994 that M.L. Energia, Inc. had fired me, nevermind what its president (Dr. Moshe Lavid) said. The unrepresented firm pretended that I had "left voluntarily" [sic]. Despite their contention, Administrative Law Judge Joseph E. McGuire ruled that I was fired in the manner which I attested.
In August 1995 I received following my FOIA appeal some 248 pages, likely the whole record of the Office of Special Counsel concerning its investigation in charge DJ# 197-48-71. It appears that U.S. Department of Justice knew in March 1992 that M.L. Energia, Inc. had never filed any I-9 Form for its employees. I was advised in April 1992 by this office to proceed on my own, under the provisions of IRCA. As a pretext to to dismiss the Charge DJ #197-48-71, the OSC wrote in an internal tickler-form that M.L. Energia, Inc. had employed only two workers, and therefore 8 U.S.C. section 1324b was not actionable. Regardless, in another internal form, the same attorney of the government wrote that there had been at least four employees. Indeed only two or three workers were certified for labor but all the rest of them were not, and there had been at least six employees. . .
To cover up my illegal employment in the United States M.L. Energia, Inc. sent two libelous letters, one to the INS and another to my Israeli employer, RAFAEL (Armament Development Authority). Then I was coerced to waive my respected position in Israel as a civil servant. Israeli court has already ruled that Dr. Moshe Lavid made a libel against me.
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