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.