"Due-Process" Not in Disney Vocabulary

[TheRustyScupper]

Disney sends fired worker home to Botswana
Scott Powers | Sentinel Staff Writer
September 5, 2008

Sometime this morning, Odirile "Jojo" Rammoni will arrive in Johannesburg, South Africa, then board a plane for the fourth and final leg of his 9,000-mile, 24-hour journey home to the African country of Botswana.

He would rather be at Walt Disney World, where he had worked as a cultural representative of his country since March. Rammoni wanted to defend himself against allegations that he improperly touched a female co-worker's breast during a publicity photo shoot in Disney's Animal Kingdom in July.

After an internal investigation, Disney fired him Aug. 28. Then, while he and his union were pursuing a labor grievance to fight the allegations and seek a reinstatement, Disney arranged a flight home for him instead.

Whether or not Rammoni, 25, is guilty as accused of sexual harassment, his experience offers a glimpse into the control that employers such as Disney can exercise in dealing with problems involving the international workers brought to Central Florida on work visas.

NOTE: No finding of guilt or innocence. Just a presumption on behalf of the Disney.

 

[DancingBear]

Something's missing here. Disney didn't deport him, or conduct an extraordinary rendition, right? So if he really wanted to stay and play out the union grievance, why didn't he?

 

[Mennamachine]

Something's missing here. Disney didn't deport him, or conduct an extraordinary rendition, right? So if he really wanted to stay and play out the union grievance, why didn't he?

I'm not sure, but typically on a work visa, you can't stay when you no longer have the "work". When I had foreign employees (Pool) that I fired or quit, they had to leave within a week.

 

[Brian_WDW74]

NOTE: No finding of guilt or innocence. Just a presumption on behalf of the Disney.

After an internal investigation, Disney fired him Aug. 28.

It looks to me like Disney did what any other company does...they received a harrassment complaint, performed an investigation, determined that the complaint had merit, and fired the employee. Perhaps they could have arranged some way for the employee to remain in the country pending a grievance hearing, but then perhaps the union could have, too. I really don't see where Disney did anything wrong in this case.

Due process is a legal term and does not apply. If the employee making the accusation decided to press criminal charges, then it would have been up to the legal system, not Disney, to follow due process.

 

[doconeill]

I'm not sure, but typically on a work visa, you can't stay when you no longer have the "work". When I had foreign employees (Pool) that I fired or quit, they had to leave within a week.

That's correct - if you are on one of the foreign worker visas (H series in general I believe) and you are no longer employed by the sponsoring company, you have a very limited time to find a new job that can sponsor your visa, or something like that. At least that was the case with an H1B, but I don't think Disney uses those specifically.

I don't know if the employer even needs to provide transport, so if Disney did, they were being very kind.

 

[jimmytammy]

It seems to me that Scott Powers and the Orlando Sentinel have no love lost between them and WDW. Not just according to this article , but several through the years. And typical media, you dont always get ALL the truth.

The Orlando Sentinel would still probably be a two-bit newspaper if it werent for Disney. Im not defending WDW or their actions, but I would much prefer to hear the whole story, and be able to see clearer all the truths rather than what one writer decides he wants to write.

I probably have a hangup about the media in general as we hear and see biased reports all the time from local and national news. This is just one more example of such.

 

[Uncleromulus]

Amen about the media!!
And I do think employers SHOULD have and exercise some control over people like "JoJo".
Disney didn't kick him out of the country--they simply fired him (after an internal investigation) and were then kind enough to arrange the flight home because the work visa regulations required him to leave the country.

 

[KYMickey]

This whole story sounds kind of fishy, I have a feeling the reporters story is missing a few facts. It kind of sounds like Disney wanted him out of the country before the grievance hearing and offering him a free trip home accomplished that. They could just as easily suspended him (with or without pay) so he officially still had a job until the hearing. Of course this also demonstrates how ineffective unions have become since they were ineffective in protecting their member. We'll probably never know the entire story on this one.

 

[CanadianGuy]

As a former foreign worker on an employment VISA in the U.S. (for both NBC and the Walt Disney Company (briefly) -- I had 30 days from the day of termination of employment to go home or apply for a new visa.

My former employer was required by law to offer me complimentary travel to my homeland. If I refused that complimentary travel, then I was fully responsible to be 'gone' from the United States within 30 days. Had I stayed beyond the 30 days, I would have been in violation of the law, and subject to arrest and deportation.

It sounds to me like this employee chose to accept the complimentary travel ... since he probably would not have been able to afford it otherwise.

Knox

 

[doconeill]

Knox, out of curiosity, do you know what class of visa you were on? There are some different rules for different classes. H-1B and TN-1 (similar to H-1B but for NAFTA countries) visa holders that lose their jobs usually have only 10 days I believe, but I would expect that foreign representative CMs are on a different type of visa.

Note that "due process" doesn't stop at the border. The employee can still continue to pursue action - he just needs a legal representative to act on his behalf.

 

[TSR6]

Also note that because he was likely living with the International College Program housing as a cultural representative upon his original termination, he has to be off disney sponsored housing within a certain period of time. He was likely better off to just go home on their bill than to rack up living expenses elsewhere (hotel) and have to possibly pay his own flight.

 

[CanadianGuy]

Knox, out of curiosity, do you know what class of visa you were on? There are some different rules for different classes. H-1B and TN-1 (similar to H-1B but for NAFTA countries) visa holders that lose their jobs usually have only 10 days I believe, but I would expect that foreign representative CMs are on a different type of visa.

Note that "due process" doesn't stop at the border. The employee can still continue to pursue action - he just needs a legal representative to act on his behalf.

I was on a TN-1 visa.. Yup... it's 10 days now..

First, understand, that you normally have 10 days to permanently LEAVE the USA from the last day of employment or the last day your visa expires (which ever is less). Legally, during this period, you can not "look for work" while in the USA. However, if your intention is to try to secure NEW employment, before even considering looking - GET YOUR VISA CHANGED IMMEDIATELY to a B2 (Visitor) visa. This can be done with a I-539 "Requesting a Change of Status". You must do it almost instantly your TN is terminated, because it must be in the hands of the INS before the 10 days is up. It should include a note from you to indicate the reason you are requesting a change to visitor, such as "need some additional time to sell my house and wind up my affairs here after which time I will be returning to Canada". Do NOT state you are using this extra time to look for a job!

My memory was that my lawyer told me 30 days back when I left the U.S. (Feb 2002) .. but really, I only stayed on a week before leaving.. so maybe it WAS 10 days at the time. ?? I know a lot has changed in some aspects of immigration law since 2001/2002.

Knox