Being asked to start teaching before being employed as a new faculty Suppose that a non-US person F is scheduled to join a US university as a teaching-focused faculty member. F's official starting is set to be January 4th and, at that university, classes start in the same week, and F will be teaching 2 courses in F's first term. F has been inforems by HR hat F will need to apply for an SSN upon arrival in the US, and F will only be able to start working once F receives an SSN by mail, which may take 3-4 weeks. F's department head says this is normal, all foreign hires go through the same process. He also says F is expected to start teaching F's courses right away, even if F isn't officially working yet. Is this indeed the normal process/expectation for foreign hires? Also, is it even legal for the university to ask new hires to start working without putting them on the payroll? Does F risk violating the terms of an H1B visa by &quot;working&quot; without being employed/paid? Entering the US before the term starts to apply for the SSN number earlier isn't really an option, as F can only legally enter at most 10 days before the starting date of F's visa. (This was previously asked on academia.stackexchange, but it was suggested to cross-post this question here.)
Worth reading this document (pdf) from the US Social Security Administration (SSA). It describes the rules for Foreign Workers and Social Security Numbers and on the second page states: Do I need to have my number before I start working? We don’t require you to have a Social Security number before you start work. However, the Internal Revenue Service requires employers to use your Social Security number to report your wages. While you wait for your Social Security number, your employer can use a letter from us stating you applied for a number, and your immigration documents can prove your authorization to work in the United States. Obviously, you should confirm this approach with your employer.
My story: UK passport holder, resident in Switzerland, driving from Houston to San Antonio and stopped doing 105mph in a 60mph section of highway. I was given the citation and instructions, etc., but told the officer I was leaving in 2 days and may not be able to tend to it in time. On my return to Switzerland, I called the court and asked how I could pay. I was told I could get a money order from the post office, to which I replied, "Really, the Swiss Post office will issue U.S. money orders?" After a further 15 minutes of conversation about how I was willing but unable to pay, the officer said, "Well, I guess that we ain't commin' to Switzerland to get you so just ignore it!" I asked if I could have that in writing and he asked me to write to the court and explain my situation. 3 weeks later and I received a reply saying all was forgiven and I should have no problem re-entering the U.S. or the State of Texas. So my advice would be to call them, and act willing to pay. Things may have changed and you may be able to pay with a credit card, but if you act willing and they are unable to accept your payment, then as long as you have a paper trail, you should be fine. I have entered the U.S. dozens of times since and have even sponsored visas for others.
If you have already claimed unemployment, this might be considered a job offer. If you have not yet field a claim, then it doesn't matter, only offers after a claim is field affect unemployment benefits to the best of my understanding. You could ask for a job offer in writing. If one is not provided, that is pretty good evidence that there never was an offer. If one is provided, you will have a clearer notice of the offered terms and duration, and that the offer is authorized, and can better judge what to do.
There is no legislation in Germany that explicitly states how long you have to wait in such a situation. First let's look what happened: According to your work contract, you are obligated to be available for work and follow the directions of your employer. Let's not go into nuances of the latter duty, because they depend on what type of work you are doing. Your employer is obligated to pay you if you fulfill your duties. What happened is called Annahmeverzug (default of acceptance) in German civil law (§ 615 BGB): Kommt der Dienstberechtigte mit der Annahme der Dienste in Verzug, so kann der Verpflichtete für die infolge des Verzugs nicht geleisteten Dienste die vereinbarte Vergütung verlangen, ohne zur Nachleistung verpflichtet zu sein. Er muss sich jedoch den Wert desjenigen anrechnen lassen, was er infolge des Unterbleibens der Dienstleistung erspart oder durch anderweitige Verwendung seiner Dienste erwirbt oder zu erwerben böswillig unterlässt. … English translation: If the person entitled to services is in default in accepting the services, then the party owing the services may demand the agreed remuneration for the services not rendered as the result of the default without being obliged to provide cure. However, he must allow to be credited against him what he saves as a result of not performing the services or acquires or wilfully fails to acquire through use of his employment elsewhere. … If your employer doesn't enable you to work, they have to pay you for your time. You don't have to make up that time. If you save money by not working or had the opportunity to earn money by other means1 during that time, this can be deducted from your pay. Now, the question is how you fulfill your duty of being available for work. This depends on the specifics and really can only be answered by a lawyer or court (and IANAL). You do not need to endure hardships but have to accept reasonable inconveniences. Thus, you can leave if waiting becomes more than an inconvenience (usually that will be caused by weather or by bodily functions). If you leave, you should still be available for work unless that becomes unreasonable, e.g., because you could use that time to earn money by other means. 1 Usually, it can be safely assumed that you don't have that opportunity. However, a daytaler might easily have that opportunity.
FDIC Regulation 500 prohibits discrimination in making loans on the basis of "National origin" but not on the basis of immigration status. This story from The Nation says that Bank of America is denying accounts to non-citizens, and arguing that it is legal because of increased risks, although there are current court challenges to this. Perez v. Wells Fargo Bank, N.A is a case now pending challenging loan denials based on immigration status. This has particularly come up in regard to DACA recipients, rather than people with LPR status. The US "public accommodation" laws probably do not apply, as a bank is not usually considered a place of public accommodation. Any specific state laws prohibiting discrimination on the basis of immigration status might apply. In short, this is an issue still not clearly settled. There seems to be no law or regulation requiring banks to ask for citizenship information, much less to deny accounts based on it, and it would be well to seek a bank with a different policy if possible. The above is very US-specific. Many countries do limit banking access based on citizenship, i understand. I am not a lawyer, and this is not legal advice. Before challenging any bank action, you may well wish to seek advice from a lawyer.
You need, at least, to let the person receive 2 reminders which have to name a reasonable period (after the first exceeds, you can send the second) and if the last deadline exceeds, you have the possibility of escalating further. Although often repeated, this is not correct which makes most of your argument moot. By German law (specifically § 286 BGB) these are the exact conditions for a default of payments: (1)If the obligor, following a warning notice from the obligee that is made after performance is due, fails to perform, he is in default as a result of the warning notice. Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice. (2)There is no need for a warning notice if a period of time according to the calendar has been specified, performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated, starting from the event, according to the calendar, the obligor seriously and definitively refuses performance, for special reasons, weighing the interests of both parties, the immediate commencement of default is justified. (3)The obligor of a claim for payment is in default at the latest if he does not perform within thirty days after the due date and receipt of an invoice or equivalent statement of payment; this applies to an obligor who is a consumer only if these consequences are specifically referred to in the invoice or statement of payment. If the time at which the invoice or payment statement is received by the obligor is uncertain, an obligor who is not a consumer is in default at the latest thirty days after the due date and receipt of the consideration. (4)The obligor is not in default for as long as performance is not made as the result of a circumstance for which he is not responsible. Depending on what was contractually agreed on the default happened even before the first warning. For example that is the case if a specific payment due date was agreed to. Even if a warning would be required it is only one and you can see that no requirements on the specific wording or form on that warning is given. I don't know how you assume an "official reminder" should look like. According to the law a specific and explicit demand to fulfill an obligation is enough. Also, the warning does not need to contain a specific date. If it doesn't the default is effective immediately.
A babysitter is a household employee in the IRS's parlance. This means that: [Y]ou may need to withhold and pay social security and Medicare taxes, pay federal unemployment tax, or both. To find out, read Table 1. You don't need to withhold federal income tax from your household employee's wages. But if your employee asks you to withhold it, you can. The thresholds in Table 1 (for 2021) are: If you pay more than $2,300 in a calendar year to any one household employee, you must withhold Social Security &amp; Medicare taxes from that employee's wages, as well as pay the employer's share of these taxes. If you pay more than $1,000 in a quarter to any one household employee, you must pay federal unemployment tax. In addition, you are liable for Virginia state unemployment tax as well. As noted in the above document, you do not have to withhold income taxes from your household employees. You and your employee can agree to a withholding arrangement for income taxes, but it's not required. This doesn't mean that your employee isn't liable for income taxes on these wages, it just means that they're not your concern. Finally, note than wages paid to anyone who is under the age of 18 at any time in 2021, and whose work for you is not their primary occupation, are exempt from Social Security &amp; Medicare taxes. Such wages are still subject to federal unemployment taxes, though. (And possibly also Virginia unemployment taxes, though I haven't checked.) See the &quot;Wages Not Counted&quot; subsections within the sections on &quot;Social Security and Medicare Taxes&quot; and &quot;Federal Unemployment Taxes&quot; in the above-linked publication.
How should I proceed? I am asking law friends to recommend some employment lawyers, but other than this, can I do anything else? You definitely don't need an employment lawyer for this. From a legal standpoint, the matter is very simple: If you grant their request (whether by signing or otherwise expressing your acceptance), you would be waiving any remedies currently available to you for their breach of contract. The company's attempt to override its contract with you is quite naive, but the company can always (and evidently does) try to get away with its liability nonetheless. I would not be surprised if the company subsequently tries harder to intimidate you, but that does not change your legal position &amp; merits unless you sign the waiver the company is pursuing. Asking for your post-termination availability reinforces the notion of company's poor planning and subpar management.