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Replaced by an H1B

Discussion in 'Ask an Employment Attorney' started by anonymous, Mar 18, 2019 at 2:53 PM.

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  1. anonymous

    anonymous Guest

    I was released a week after a person arrived from India. This person assumed my position and group after a week in the US. I had no review of any type the entire 1+ year I was with this company, and had zero indications from my supervisor or upper management that my job performance was not satisfactory. In fact I had taken on additional responsibilities as the site continued to lose people through attrition. I was released for "not following company policies". When I inquired as to what these were my manager was non-specific until I asked him what he was talking about. Then the lies (and I can prove this via my files and e-mails) started. Finally he just got up and left. Total time for my dismissal was about a minute. No yelling or bad words, and I could tell he was forced to lie. I got nothing for severance. I signed nothing.
    What recourse do i have at this point from a legal perspective?

  2. Charles Joseph

    Charles Joseph New Member

    Nov 30, 2018
    Likes Received:
    If your employer is an H-1B dependent employer, it may not lay off any U.S. workers within 90 days before or after it files a H-1B petition for an equivalent job. Also, the employer must first offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-lB foreign worker.

    You can visit our website at Working: Now and Then.com to read more regarding how to determine whether your employer is H-1B dependent employer.

    If you believe you have wrongfully been replaced by an H-1B visa employee, you should contact an experienced employment attorney to discuss your situation and explore your options.

    This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.