H1B Lay offs and legal actions

S

swamyB

New Member
I worked (on H1B) for company X.

I was layed off on 10 may 2002.

I have the following question for the forum members:

1: We are expecting a baby in the next month (another 4 - 6 weeks timeframe), and my manager was very well aware of this fact at the time of the layoffs.

This is causing lots of unexpected problems/concerns to my family.

Since I don\'t have any other job as of now, Is there any possibilities of legal actions that can be taken against this company X, based on the fact that due my wife\'s pregnancy, we can not travel and get out of USA even if we want to ?
 
It is so cruel.

Unfortunately H1Bs do not have any rights. And by immigration law if you there is no project for you to work , an employer has to fire you.
Maybe this sick individual though that an additional member\'s medical insurance too much.
 
Thsnks but another concern I have is this ...

Thanks Jaxon for your reply. It helped understand one of the angle of this problem.

I have following concerns too.

1: My understanding is that, the company hiring the foreign workers is responsible
for the employees legal status in the country and to make sure their safe exit from
USA in case they don\'t have any projects. Based on this and the current special
situation now I\'m in that is on medical grounds I can not travel even if I want to
anywheree, is there a way to sue this company for putting me and my family in big dilemma ?
Can I sue them for a hefty severence amount ? Right now the severence they anounced is
not even peanut size. (almost nothing).
 
Ask a lawyer to check your employment offer/contract (if any) with Co. X for details <eom>

&nbsp;
 
The answers to these questions might vary from state to state

The company needs to offer you (maybe not your family) a plane ticket out of the US. The answers to the other questions may vary from state to state and most states are at-will employment. This means that in those states no severance package is necessary (unless normally provided by the company or written into a contract or employee manual) and employees can be terminated for any legal reason (even a stupid one such as you wear blue shirts and the boss doesn\'t like it).

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
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