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Layoffs

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Liability for Foreign Worker Layoffs

Employers may be liable for damages for undertaking the residence process for an employee and then stopping it, or making errors resulting in delays or a denial. 

Once an employer undertakes the permanent residence process on behalf of an employee, courts have held the employer has a special duty to competently manage and pursue the process.  While there is little case law in this area, employees have done well challenging employers on this ground.

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