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
#2Paywall, but it is clear that companies are literally starving for cheap labor. They are willing to do anything, including bringing over workers on potentially inappropriate visas ( I am not a lawyer, just what I have seen).
Honestly I am surprised that they didn’t just hire directly in India.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#3I don’t think there is anything wrong with this. If anything, we should change the law to encourage much more high-skill immigration
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#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.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#5>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.
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.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#6I 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
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#7>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.
They could have friends on the inside that told them they were replaced by h1b holders to tip them off
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#8>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.
Its difficult, but that's why discovery exists.
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#9>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.
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?
Re: Fired Americans Say Indian Firm Gave Their Jobs to H-1B Visa Holders
#10I 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
Actually, as a hiring manager, you can't discriminate between whether someone is a U.S. Citizen or an H1B. So in reality, you're going through a stack of applicants in order. If your HR group puts a bunch of H1B's in front of a citizen candidate, that's it.
So no, your assertion that there is an implicit "there is no American we can hire to fill this" is false. We can't even consider that.