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MotherofDragons

Spouse's employer is refusing to give time off for ROC/N400 interview

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Filed: Citizen (apr) Country: Canada
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I received my N400 interview letter today, which will most likely be a combo ROC/N400 interview. My spouse's employer is refusing to give him the day off for the interview. We have three options as I see it: take the day off and risk being fired (bad, very bad), reschedule or go alone and have them set another date for the ROC interview. The thing is they have already rescheduled my interview once (their choice not mine) and it took three months to get another interview plus I cannot guarantee that my spouse's employer will give him that day off either. I know my husband has to be present for the ROC interview but I only got a N400 letter (as we all know, the interview is typically for both not just citizenship) so I can't prove to his employer that he needs to be present by law. Does anyone have any tips, hints, legal ideas to get his employer to cooperate? Other than shaming them for being incredibly anti-patriotic :) . TIA

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Talk with your supervisor or HR about it. The interview is important so do not miss it. If they not let you take PTO, you can request time off with no pay. If they even not allow you take PTO or off with no pay, well consider find another company which is more "human being".

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Filed: K-1 Visa Country: Greece
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I will add this to what H&T wrote. Any job that won’t allow employee accompany his or her spouse to such an important interview even after reading copy of the interview letter, is not a good job. If I were to work for such company, I will resign. Inform your spouse to talk with the company’s HR as advised by H&T with copy of the letter and do not reschedule the second time. 

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Filed: IR-1/CR-1 Visa Country: Honduras
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I agree with the above.  Unless you live where that’s the only job in town, I would just turn in my notice.  There’s a chance they’ll back down, but at the same time it may mean he should be working somewhere else.

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Filed: Citizen (apr) Country: Uruguay
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Take PTO. Let's be honest - you're saying "this is SUPER IMPORTANT TO ME - but not so important as to me willingly taking a day off".

 

That doesn't compute. You don't want to miss this SUPER IMPORTANT date, but want your employer to share your urgency and hence give you the day off.

 

Others have suggested talking to HR - good luck w/ that. If the manager is acting so sure of him/herself, is probably because s/he knows your spouse doesn't have a case here.

 

I work for a Fortune 500 company. I've been working for the same company for the last 20 years. I get the exact same number of PTO days as someone that just joined. And nobody in the US gets sick days - so every time I get sick, I have to either take PTO days, or take an *unpaid* LOA. I am surprised some people assumes your job has to cover your absences for any reason you think is important to you.

 

IF your spouse is willing to take the as PTO, or even unpaid, and even THEN the employer refuses to let him/her go and threatens with firing him/her - congratulations. You just hit the jackpot. Get a lawyer and start thinking on how you'll spend the settlement money.

 

 

Edited by Ido
spell check

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Filed: F-2A Visa Country: Nepal
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1 hour ago, Moe428 said:

Is there any legislation that requires employers to allow employees to take time off in such circumstances?

I doubt there is any legislation in that sense.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: F-2A Visa Country: Nepal
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2 hours ago, Ido said:

IF your spouse is willing to take the as PTO, or even unpaid, and even THEN the employer refuses to let him/her go and threatens with firing him/her - congratulations. You just hit the jackpot. Get a lawyer and start thinking on how you'll spend the settlement money.

 

 

Depends, majority of the jobs are “you can resign any day, i can fire you any day, for any reason type” except federal/state discrimination or bias is in play. Like one cannot fire an employee for attending a jury duty or for being a black n such. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Timeline
On 2/3/2020 at 2:43 PM, MotherofDragons said:

I received my N400 interview letter today, which will most likely be a combo ROC/N400 interview. My spouse's employer is refusing to give him the day off for the interview. We have three options as I see it: take the day off and risk being fired (bad, very bad), reschedule or go alone and have them set another date for the ROC interview. The thing is they have already rescheduled my interview once (their choice not mine) and it took three months to get another interview plus I cannot guarantee that my spouse's employer will give him that day off either. I know my husband has to be present for the ROC interview but I only got a N400 letter (as we all know, the interview is typically for both not just citizenship) so I can't prove to his employer that he needs to be present by law. Does anyone have any tips, hints, legal ideas to get his employer to cooperate? Other than shaming them for being incredibly anti-patriotic :) . TIA

Interview is usually at least 30 days from notification. Even though the requested day is at least 30 days away, the employer still refused? that's too much. there's still some time for someone to cover for him unless your husband is so indispensable that nobody can suffice. :)

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Filed: Citizen (apr) Country: Uruguay
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2 hours ago, arken said:

Depends, majority of the jobs are “you can resign any day, i can fire you any day, for any reason type” except federal/state discrimination or bias is in play. Like one cannot fire an employee for attending a jury duty or for being a black n such. 

You are correct. That being said - I feel reasonably confident if this ended in front of a jury, and OP's lawyer was to explain the facts of the case ("needed to attend USCIS interview, offered to take PTO, offered to take unpaid day off, was denied and fired"), things would not go the employer's way . . . The jury is, after all, made from twelve of your peers - pretty sure they wouldn't side with the employer.

 

And was the OP's spouse to be fired, I have seen in many cases companies come up with a severance package which will only be paid *if you agree to sign an agreement on which you agree not to sue*. Most people do sign, because (a) they know they wouldn't win a trial, and (b) need the money.

 

In any case - I would be really, really surprised if the employer didn't let this person's spouse take a paid or unpaid day. If that is the case, then that manager, that job and that company all suck big time. Sue.

 

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Filed: K-1 Visa Country: Wales
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Most States are At Will.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I’m not clear, when you say the employer refuses to give him the day off, do you mean won’t give him a day off work at all, or won’t allow him to take a vacation day/PTO? If it’s the former, then just suck it up and take a day of PTO. It is important enough. I don’t think there is anything legally that says they have to give them time off for uscis interviews. (Not the same thing but my kids school district the only acceptable uscis related absence is a naturalization ceremony ...none of the interviews, bio etc are. Go figure.)

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Filed: Citizen (apr) Country: Canada
Timeline

Thanks to all those who responded! His employer isn't concerned about the money, he is saying that there is no one to cover the shift hence the denial. It is kind of true since it is Mardi Gras week and things get busy down here but at the same time, they could figure something out. Since the interview is only about 2 hours, my husband offered to go back to work after the interview to complete the day and the answer was still no. I mean, it's 4 weeks away, arrangements could be made with this much notice, but this is the tip of the iceberg with this job anyways. 

We have no intentions of missing the interview though. 

Thanks again VJ for being an amazing support system!

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Ugh, sorry to hear that. My daughter was working for a coffee shop chain that was just as inflexible as that. Horrible. Hope you manage to work it out.  Is it possible he can do an arrangement directly with one of the other workers to cover for him in exchange for another shift?

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Filed: Citizen (apr) Country: Canada
Timeline
23 minutes ago, SusieQQQ said:

Ugh, sorry to hear that. My daughter was working for a coffee shop chain that was just as inflexible as that. Horrible. Hope you manage to work it out.  Is it possible he can do an arrangement directly with one of the other workers to cover for him in exchange for another shift?

He is one of two managers so it's difficult. Any other week would have been good but this particular week is super busy. I personally would do a double shift to help cover a situation like this for a coworker but I guess that's just me. We will find a way though! He is taking it to HR this week, explaining that I could be deported if my ROC is denied for his failure to appear.

Edited by MotherofDragons

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