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Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

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Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#41

Post by pdonis »

Rinzler89 wrote: post #4

>The American workers say that India’s Tata Consultancy Services illegally discriminated against them based on their race and age, firing them Question to the Americans: if in the US you don't need a reason to fire someone, how can you prove the company was discriminating you when they fired you if they didn't give a reason.

> in the US you don't need a reason to fire someone

That's not quite what "at will employment" in the US actually means. What it means is that an employer can fire you at any time for any reason that isn't an unlawful reason. It doesn't mean the employer doesn't have to give a reason at all, or that the employer can simply refuse to give a reason if questioned, particularly if there is an allegation that the firing was for an unlawful reason.

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#42

Post by iorrus »

bastawhiz wrote: post #38
iorrus wrote: post #18

Maybe the company simply prefers to hire Indians better cultural fit etc. this is one of the main things considered when making a hiring decision. Will this person get on well with the team, be productive etc.

> Maybe the company simply prefers to hire Indians better That completely ignored the fact that they went out of their way to fire the American employees. If what you're saying was a reasonable answer they wouldn't have hired Americans in the first place.

TCS is a very Indian organisation, it would make sense for them to hire Indians in the US. The reason this lawsuit is proceeding at all is because a senior exec said exactly this, they want to have more Indians working for TCS in the US. There is no evidence they were fired because they were American they’re just latching onto this throwaway comment which was stupid but at the same time completely understandable.

TSMC wants more Taiwanese working on its semi plants in US for similar reasons, but at least their executive team is a bit more diplomatic in how they say these things.

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#43

Post by rqtwteye »

bastawhiz wrote: post #37

I'm genuinely curious why a company would go out of their way to fire Americans in America...to hire folks on temporary visas. If you're going to do the first part, why not just hire people in the countries they are from? I understand the article says the folks on the visas are able to be paid less, but isn't the H1-B process long, complicated, expensive, and somewhat unpredictable? Surely it's cheaper to just outsou…

Outsourcing especially to different timezones is hard to manage. It's easier to have people in house.

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#44

Post by Rinzler89 »

pdonis wrote: post #41
Rinzler89 wrote: post #4

>The American workers say that India’s Tata Consultancy Services illegally discriminated against them based on their race and age, firing them Question to the Americans: if in the US you don't need a reason to fire someone, how can you prove the company was discriminating you when they fired you if they didn't give a reason.

> in the US you don't need a reason to fire someone That's not quite what "at will employment" in the US actually means. What it means is that an employer can fire you at any time for any reason that isn't an unlawful reason. It doesn't mean the employer doesn't have to give a reason at all, or that the employer can simply refuse to give a reason if questioned, particularly if there is an allegation that the firing w…

Ok so it's not really at will. There's still laws and regulations around firings.

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#45

Post by rqtwteye »

engineer_22 wrote: post #6
ushtaritk421 wrote: post #3

I don’t think there is anything wrong with this. If anything, we should change the law to encourage much more high-skill immigration

H1B means that there are no Americans capable of doing the job

It should mean that but it doesn't. The H-1 people from Infosys or Tata are mostly not very good, just cheaper.

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#46

Post by tpmoney »

Rinzler89 wrote: post #34
whimsicalism wrote: post #32

Earlier quoted context omitted.

> Ok, but if there's no reason? If there is no reason, why were you fired? You can easily google/ask chatgpt the answer to your questions - the answer is that some companies are nowadays very risk averse in laying people off precisely because they are afraid of discrimination lawsuits, which is why they generally have very solid documentation of performance problems (hence the reason for the modern Performance Improv…

>If there is no reason, why were you fired? Behause they can? To cover their ass? I duuno. I'm asking since I live in an EU country where you can get laid off for no reason and employers usually provide no exact reason in writing precisely to potentially avoid getting sued. They just terminate your contract and let you know they terminate your contract by giving you your notice and that's that, you're gone in 30-90 d…

The reason I was always told was that terminating an employee for cause is the only way not to take a hit to your unemployment insurance if they file for unemployment. So if they have any "good" reason for firing you, it's in their best interests to provide that reason.

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#47

Post by mupuff1234 »

ein0p wrote: post #21

Indians prefer to hire their own, this is very well known. And because this can’t even be discussed honestly, US corporations are powerless against this preferential treatment.

Isn't that kinda true to most nationalities if given a choice?

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#48

Post by otoburb »

Rinzler89 wrote: post #9
mjh2539 wrote: post #5

Earlier quoted context omitted.

Because there usually is in fact a reason and just because they did not disclose it to you does not mean the reason does not exist and it does not mean that it won't/can't be found via subpoena/deposition.

Ok, but if there's no reason? Or what do you do when the reason is something somewhat objective like "performance" because you didn't meet your deadlines or something. Can you claim discrimination then? Otherwise what's stopping everyone from claiming discrimination every time they get laid off?

>>Otherwise what's stopping everyone from claiming discrimination every time they get laid off?

You can claim discrimination, but then you'll need somebody (usually an attorney you hire) to file a lawsuit against the company. I'm not a lawyer, but I believe you'll also need to cite a specific type of discrimination for your case to have standing.

Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders

#50

Post by gambiting »

Rinzler89 wrote: post #34
whimsicalism wrote: post #32

Earlier quoted context omitted.

> Ok, but if there's no reason? If there is no reason, why were you fired? You can easily google/ask chatgpt the answer to your questions - the answer is that some companies are nowadays very risk averse in laying people off precisely because they are afraid of discrimination lawsuits, which is why they generally have very solid documentation of performance problems (hence the reason for the modern Performance Improv…

>If there is no reason, why were you fired? Behause they can? To cover their ass? I duuno. I'm asking since I live in an EU country where you can get laid off for no reason and employers usually provide no exact reason in writing precisely to potentially avoid getting sued. They just terminate your contract and let you know they terminate your contract by giving you your notice and that's that, you're gone in 30-90 d…

>>I'm asking since I live in an EU country where you can get laid off for no reason and employers usually provide no exact reason in writing precisely to potentially avoid getting sued.

What EU country is that?

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