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  1. #5
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    Default Re: Are Contracts Between Employers and Workers Hired Illegally Binding

    This stuff doesn't happen in the US. All the people working here are legally entitled to have their jobs and we know foreigners would never commit immigration fraud in the US. They certainly never claim EIC on tax returns for children that have never been in the US to get billions in refunds.


    Quote Quoting Ellman
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    No the contract is between her, as a freelance contractor, and the company, but other than that the company has no other paperwork on her, it's all in her boyfriend's name, who, for all intents and purposes, is legally employed at the company, (even though his girl is working in practice.)

    Their whole arrangement seems like mutually assured destruction. The company, which is a small 4 man LLC, would have to spend a fortune should the girl breach her contract, the girl would be deported, no idea what would happen to her guy, but my initial advice to her was to let a real company (mine )sponsor her on an internship visa, even if it means breaching that contract because that contract would be junk and the company would have no grounds to sue since she is on a tourist visa, and she is not on their payroll...

    However, I've read online that contracts are between persons regardless of immigration status, and are therefore enforceable, which is how some illegal workers can still sue for unpaid work, etc.

    Appreciate your insights.

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