Principal and General Counsel at The Employment Law Group (Washington, DC)
Not Clearly Pro or Con to the question "Should the Government Allow Immigrants Who Are Here Illegally to Become US Citizens?"
"Should E-Verify, the federal government's electronic employment-verification system, be mandatory for all employers? No, because E-Verify causes havoc in the workplace...
In one year, before any national requirement, E-Verify unfairly gave employers a reason to fire almost 12,000 perfectly legitimate new hires.
And that's just the collateral damage. E-Verify is much worse at its core task of flagging applicants who truly aren't eligible to work. The last authoritative study showed that E-Verify flubbed this mission at least half the time, failing to identify anywhere from 37 percent to 64 percent of unauthorized workers.
If E-Verify were a commercial product, in short, no rational employer would pay to use it. It fails to identify illegal workers, and it turns away thousands of legal workers each year.
Even more insidious: the discrimination that lurks below E-Verify's top-level statistics. The federal verification database works badly for everyone, but it works worst for 'green card' holders and other noncitizens who are eligible to work in the U.S.
For U.S. citizens, E-Verify mistakenly returned a TNC for 0.2 percent of queries, according to the latest study. That's an improvement from past performances. But for green-card holders, this 'false negative' rate was 0.7 percent, and for other authorized noncitizens, the rate was a shocking 4.2 percent. And those rates are not falling...
Finally, we have the implications of turning employers into the nation's immigration policemen, and of giving the federal government an effective veto on every hiring decision in the U.S. economy. Neither is advisable."
Experts Immigration officials, people with post-graduate degrees in fields relevant to immigration issues, Members of Congress, or elected officials with significant involvement in, or related to, immigration issues. [Note: Experts definition varies by site.]
Involvement and Affiliations:
Principal and General Counsel, The Employment Law Group (Washington, DC), June 2003-present
President, Virginia Employment Lawyer's Association
Virginia State Advisory Representative to the Judicial Nominations Committee, National Employment Lawyers Association
Partner, Hughes & Bentzen, PLLC (Washington, DC), May 2002-June 2003
Cowritten with R. Scott Oswald, "The Road to Recovery: State False Claims Acts and Fraud in State-Funded
Research," Bloomberg BNA Medical Research Law & Policy Report, Oct. 1, 2014
"Workplace Tasks on Trial in Integrity Staffing Arguments," Law360, Oct. 2014
"Strategic Perspectives—The Importance of Being an 'Employee,' " Employment Law Daily, Sep. 2014
"Teleworking as 'Reasonable Accommodation' No Longer a Remote Possibility," Virginia Lawyers Weekly, Aug. 2014
"Workplace Bullying: Harassment without a Protected Class," Employment Law Strategist, Aug. 2014
"The Game Has Changed for Management: The Virginia Fraud against Taxpayers Act and Its Applicability to State Entities," Virginia Lawyer, July 2014
"Employers Skirt Wage Requirements," Baltimore Sun, July 2014
"When Can an Employee Quit and Still Sue for Wrongful Discharge?," ABA Employment and Labor Relations, June 2014
"Comments on the Russell Decision by Nicholas Woodfield, Principal, The Employment Law Group PC," Westlaw Journal Employment, May 2014
"Class Litigation and Arbitration: Effects of Concepcion and Italian Colors on Class Action Employment Claims," Westlaw Journal Employment, Mar. 2014
"The Effect of the Genesis Healthcare Ruling on FLSA Collective Actions," Westlaw Journal Employment, Feb. 2014
"The SEC's New Rules for the Dodd-Frank Whistle-Blower Program," Westlaw Journal Employment, Sep. 2011
"DMD Extends FLSA's Prohibition of Retaliation to Mistaken but Good Faith Complaints to a State Agency," Maryland State Bar Association Fall Newsletter, Dec. 2010
"Maryland Workplace Fraud Act and the Misclassification of Construction and Landscaping Employees," Maryland State Bar Association Fall Newsletter, Dec. 2010
Named one of Washingtonian magazine's "Top Lawyers: Employment Plaintiffs" of 2013-2014
Admitted to practice law in Alabama, Maryland, Virginia, and DC; the US Court of Appeals for the 3rd and 4th Circuits and the DC Circuit; the US Supreme Court; and the US District Courts of DC, Northern District of Florida, District of Maryland, Eastern District of Virginia, and Western District of Virginia