Thread regarding Western Digital Corp. layoffs

Labor Clearance Certification for H1Bs

If the employees who are retained are recent graduated Internation Students who are either on H1Bs or on Optional Practical TTraining (OPT is a student work permit valid for ~2.5 years) and if the employer continues to file for their Labor Certification (which essentially means that the employers want the candidate because no other qualified US resident engineer was found), while simultaneously laying off thousands of well qualified engineers, there is a good ground for laid off workers to band together and sue the company. For this, the laidoff workers I think should not accept severance and sign the waivers that they will not sue the employer. EVen if one Labor Clearance application is filed from this year over the next three years, I feel there might be merit to sue the company and bring the double-standards of tech industry hiring practices to limelight.

Double standard practices? Age-bias in hiring and retention (students and recent graduates will tend to be younger); salary and wage bias (their corresponding salary will be lower in comparison to their more well-educated/experienced laid-off counter-parts.

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| 1521 views | | 7 replies (last March 18, 2016) | Reply
Post ID: @OP+GsYYQMi

7 replies (most recent on top)

The CEOs who make these M&A decisions are all unfortunately of American origin. but with no patriotism to their country and are willing to sell the Intellectual Property grown and developed on American offices and sell them to China and Chinese Investors and justify these decisions in the name of satisfying the investors.

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Post ID: @1sfr+GsYYQMi

Send them back to India ....D. Trump

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Post ID: @1cgr+GsYYQMi

No one has ever gone behind any tech company on this particular aspect of "Lying" that no qualified workers are found while filing engineer's Labor Certs. One or two cases have been filed against companies hiring H1Bs. LAbor CLearance is something altogether different. At best our severance amounts to some 2 months of pay, we can assume that we were laid off 2 months sooner. By postponing these layoffs indefinitely, WD has somewhat paid us for these extra weeks, altho the indefinite wait has been a low morale torture.

It is wisest to go complain against the explicit lying to the Dept of Labor. Keep in mind that the lawsuit that was filed when Apple, Google etc had an agreement to not poach each others workforce resulted in a few millions of fines to all. That was one aspect where the employees won.

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Post ID: @1gnv+GsYYQMi

It doesn't work , my friend. You just waste your severance and lawsuit expense.

Almost every tech company did similar thing

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Post ID: @1uqj+GsYYQMi

Just one single engineer who's Labor Clearance was filed since Oct 2015, or, who's H1B was filed, after the merger's' approval came through, and who will continue his/her employment without getting laid off, would be sufficient to prove that the company is "lying" to the Government (Dept. of Labor) when it claims that it cannot find qualified workers. A class-action lawsuit might be possible if a handful of laid-off engineers can band together and make a joint complaint. But the engineers who accept the severance will not be able to file any complaint.

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Post ID: @ffl+GsYYQMi

The approval for the merger went through in the middle of ~Oct 2015. A merger of two huge companies inevitably involves layoffs of thousands of well qualified engineers under the garb of resource/workforce reduction. So even if a single Labor Certification application was filed for even just one engineer fresh out of graduate school, there might be a case to sue the HR.

https://www.uscis.gov/tools/glossary/labor-certification

HR is well aware that "very soon" thousands of engineers will stand to loose their jobs. HR also signed off to the Department of Labor stating that it would like to file for the Labor Clearance (first step in the path to Permanent Residency in the United State) because no other skilled US worker was found. This is a hypocrisy. It is not likely that the engineer for whom the application was filed would have resigned his/her job if the company didn't file for his/her Labor. HR could have very well held back in "lying" to the Dept. of Labor that no other applicant was found, when it is accutely aware that hundreds within its own payroll, and perhaps even more qualified/experienced will soon become available.

Tech Companies for long have been blatantly "lying" to the Dept. of Labor that it is not finding suitable STEM candidates. Whereas, every single job posted on Linkedin has a few hundred applicants, esp. if the job required less than 5 years of experience and can be done by a fresh college grad. If a dozen laid-off workers (Permanent Residents and Citizens) who are laid-off can band together and fight in the court, then the Lies of tech industry can be exposed.

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Post ID: @xmw+GsYYQMi

Well said I will do so

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Post ID: @uwd+GsYYQMi

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