Caught in a raid but only got my picture

Work Permits, Employment Qualifications, Employer Problems
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Caught in a raid but only got my picture

Postby poco loco » 24 Nov 2011, 21:07

Hey all,
Would appreciate any advice. Today a CLA official came to do an unannounced inspection at my school. I have an ARC but for another branch of the same school. I was in class and I saw someone (I thought it was a parent of a new student) take a picture of me near some students. When I came out of the class this person informed me he was from the CLA and he asked me for my work permit so I bolted out of the school without saying anything. So they have the picture and they know I work at another branch of the same school. The school talked to the official and came up with a semi plausible story. The CLA now wants me to come in for an interview to tell them what happened (and come in with my school's owner). Should I co-operate and go to the interview? Go there with a lawyer? Or put it off as long as possible? My opinion is that I don't have to say anything (I have the right to say nothing, don't I?) and it's their job to make any case against me-but maybe things don't work that way here. What can the CLA do if I don't co-operate? I suspect that if I do co-operate they will want my ARC and other info and pass that on to the FAP, along with their opinion that I was teaching illegally-which will ultimately lead to my deportation. Just to note, there was only that one CLA official who saw me and there were no FAP involved.
Anyone been in or heard of anyone in a similar situation?
Thanks.
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Re: Caught in a raid but only got my picture

Postby Toasty » 24 Nov 2011, 23:20

The CLA isn't a police interrogation. You don't have the right to say nothing. I'd venture to guess if you said nothing during the interview, things would be far more likely to go against you than if you cooperated. I can't say what will come of your interview. My feeling is a warning and a grilling about why you ran, but anything is possible. Write back to update.
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Re: Caught in a raid but only got my picture

Postby BigJohn » 25 Nov 2011, 00:14

Based on what I have heard, and speaking entirely on my own behalf, and not as a moderator on this site, this is what I think is likely to happen: Your boss will cooperate with them, and has no doubt already given them your name and passport number. Don't expect any support from your boss, other than to pat you on the back and assure you everything is OK. Best case scenario, AFAIK, is that you get fined. Medium case, deported for a day. Worst case, deported for a year.

CAVEAT: This is only my opinion. I may be wrong and things may turn out differently. Your best course of action is to talk to a lawyer. Your lawyer, not your school's.
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Re: Caught in a raid but only got my picture

Postby tomthorne » 25 Nov 2011, 00:21

I wouldn't bother getting a lawyer involved. Good money after bad.

You'll get what you get. I doubt it'll be deportation, but it might.
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Re: Caught in a raid but only got my picture

Postby ironlady » 25 Nov 2011, 00:27

I would figure out in a hurry that you were NOT teaching there. Probably just observing, right? Since it was another branch of the same school? Maybe some observation to hone your teaching skills, eh?
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Re: Caught in a raid but only got my picture

Postby Tigerman » 25 Nov 2011, 10:26

ironlady wrote:I would figure out in a hurry that you were NOT teaching there. Probably just observing, right? Since it was another branch of the same school? Maybe some observation to hone your teaching skills, eh?


I don't think its a good idea to counsel people to lie to the CLA. And not only because the CLA official who photographed the teacher likely already observed some of the class and the teaching.
As it is, we seem to regard it as a positive objection to a reasoner that he has taken one side or the other. We regard it (in other words) as a positive objection to a reasoner that he has contrived to reach the object of his reasoning. We call a man a bigot or a slave of dogma because he is a thinker who has thought thoroughly and to a definite end.

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Re: Caught in a raid but only got my picture

Postby sandman » 25 Nov 2011, 13:43

Tigerman wrote:
ironlady wrote:I would figure out in a hurry that you were NOT teaching there. Probably just observing, right? Since it was another branch of the same school? Maybe some observation to hone your teaching skills, eh?


I don't think its a good idea to counsel people to lie to the CLA. And not only because the CLA official who photographed the teacher likely already observed some of the class and the teaching.

Seconded. "I was just observing, yer honour! Honest!"
"Well well well! I haven't heard THAT excuse before! Case dismissed!"
Other than that, the standard operating procedure is to be followed. Admit NOTHING. Don't offer ANY information that is not specifically asked for. DENY, DENY, DENY. If necessary, demand the presence of an FAP officer. If they refuse (as they might well do as its not considered a criminal case) then go back to DENY DENY DENY. Admit NOTHING.
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Re: Caught in a raid but only got my picture

Postby Mick » 25 Nov 2011, 13:53

poco loco wrote: The school talked to the official and came up with a semi plausible story.


What was the semi plausible story if I may ask?
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Re: Caught in a raid but only got my picture

Postby Enigma » 25 Nov 2011, 14:47

First, since you have an ARC for that school but at a different branch, I wouldn't have bolted. (I wouldn't have in any event. Running is never an answer unless crowbars and/or guns are involved) It may not even have been CLA. I know of one instance that a competitor snuck up the stairs to take pictures of teaching at a new branch of an established school. The teacher even did a cute V signal for the photographer. The teachers had not been processed for the new branch but held valid ARC's at another branch owned by the same person. CLA just laughed at the complaint.
Even if it was CLA, you should have asked for ID and written it down. Immediately take the official to your employer and explain what is happening. Let them handle it. Most likely, under the facts as presented, you will be asked to accompany your employer to a meeting at their office where you would have been admonished and the boss possibly fined.
Also, (and I am not at all certain of this but I think others may know for sure) recently the rules have changed so that a school with mulitple branches owned by the same person(s) can now allow teachers with an ARC for that main school to teach at other branches of the same school. I also understand, with no evidence, that even before that, teachers with an ARC at the main branch could sub at satelite branches without consequence.
In any event, by bolting, you simply escalated what may not have been a problem at all.
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Re: Caught in a raid but only got my picture

Postby tommy525 » 25 Nov 2011, 14:48

You're probably fcuked, but keep us posted.

This post was recommended by Abacus (22 Jan 2012, 14:20)
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