Nonresident Workers Termination in the Virgin Islands
In the Virgin Islands, "resident workers shall be given preference in employment in the Virgin Islands in any industry or occupation for which such workers are qualified and available." 24 V.I.C. 126.
The Virgin Islands Code permits employers to terminate nonresident workers in order to hire resident workers under certain circumstances, see 24 V.I.C. 129(a), and provides that resident workers hired in this manner "may not be discharged except for incompetence, insubordination, misconduct, violation of employers' rules and regulations or other just cause." Id. 129(b).
A party aggrieved by an employer's decision under these provisions may file a complaint with the Commissioner of Labor, see 24 V.I.C. 132, and anyone aggrieved by a decision or order of the Commissioner of Labor may appeal to the Superior Court within ten days of the decision. See 24 V.I.C. 133.