Employer Correct in Accepting
U.S. Worker’s Rejection of Offer

Four Season Garment Cutting, 96-INA-443 (BALCA, September 14, 1999)

A U.S. worker sent a résumé that stated, "I will not take less than $20 an hour." In response, the employer sent a certified letter to inquire if the applicant was still interested in the job at $11.85 an hour. When the applicant did not respond, the employer assumed the applicant was not interested in the job as offered. Although the CO objected to the employer’s assumption, the board stated, "an employer is not required to throw out all business judgment in evaluating applications." The board concluded that the employer’s conclusions were correct, since the applicant had clearly stated that she would not accept less than $20 per hour. (Granted, Region IX).

Reprint No: 99111575