Discussion in 'Visa Bulletin and Priority Dates Retrogression Iss' started by GOD_BLESS_YOU, Mar 12, 2006.


    GOD_BLESS_YOU Registered Users (C)

    Indian employee sues TCS subsidiary in US


    Posted online: Thursday, February 16, 2006 at 0000 hours IST

    NEW YORK, FEBRUARY 15: Tata America International Corporation (TAIC), a subsidiary of Tata Consultancy Services (TCS), has been slapped a class action suit by a current employee, Gopi Vedachalam, alleging that the company was ‘‘enriching itself’’ by requiring workers to hand over their Federal and State tax refunds to the company.
    The complaint also seeks compensation and damages for current and former employees who were not paid what they were promised and who were required to forfeit vacation pay that they had earned, sources revealed.

    The law offices of Lieff Cabraser Heimann & Bernstein, LLP filed the nationwide class action lawsuit in US District Court in San Francisco against TAIC, and its parent corporations TCS and Tata Sons, Ltd.

    Tata is one of India’s largest business conglomerates, with revenues last fiscal year in excess of $17 billion. The proposed class consists of thousands of current non-US citizen employees of Tata working in the US, plus former Tata employees dating back to 2000. Tata has faced a barrage of complaints over the years from anti-immigration companies who allege that the company brings workers at low wages, and takes away jobs from Americans.
    Asked if employees would hesitate to come forward fearing retaliation and subsequent transfer back to India, Tindall says that under California law, if there is retaliation it would be considered unlawful, and employees, even if they are transferred back to India, would be entitled to damages, if they are awarded.

    ‘‘No one else has come forward, but we expect the response to be good,’’ said Lieff Cabraser Partner, Steven M. Tindall, in an interview to The Indian Express.‘‘Tata’s employees from India working legally in the US, including thousands of technical support personnel and project managers, work hard to see that the American corporations they support and Tata are profitable,’’ said Tindall. ‘‘These workers are entitled to any amount of taxes they overpaid federal and state tax agencies.’’ Tindall noted that this case constitutes one of the first class action lawsuits against a company engaged in ‘‘reverse outsourcing,’’ bringing non-US citizens to the US to work in US corporations, for “violation of labor laws.”

    The complaint says that most Tata employees in the US are non-US citizens, granted visas, which allow them to work and live in the US. However, Tata requires each employee to sign an agreement which states that the employee’s gross amount of compensation will be included as earnings in the US and reported to the US Internal Revenue Service. The complaint alleges that these employees are not paid the amount promised them in these agreements.
    The complaint says at least until July 2005, Tata required its non-US-citizen employees to sign power of attorney agreements delegating an outside agency to calculate and submit each employee’s tax returns to state and federal authorities.

    • How the TCS Tax return fraud works
    Here is the modus operandi -
    (1)Employee is forced to sign a Power of Attorney permitting TCS to file tax reurns in the USA (2) When the tax refund cheque is issued for the family, TCS receives the cheque at its address(3)TCS then prepares a letter as if the employee has taken a loan exactly to the extent of tax return (white collared criminals!) (4) The employee is again forced to sign that letter and also endorse the cheque in favour of TCS.THis is the true color of TATAs. This is their level of moral and ethical conduct.In India we can do anything and get away with money power. In the USA we will all fall at the feet of the judge and see that TCS is ruined.Please spread this message to all whom you know. When the unfortunate Jews were massacred and put into gas chambers by Hitler, no one REALLY BELIEVED it or took it seriously. It took great effort to make the world know the truth. Now nobody believes us. The key to success is creation of awareness. Copy the url related to the comments posted in the Indian Express and send it to all whom you know. Let us bring the criminals to justice. I will be liquidated if my name is given out! Hope Express will not do that. Thanks
    Posted by: Anonymous999, United States, 01-03-2006 at 0622 hours IST
  2. masala dosa

    masala dosa Registered Users (C)


    I dont knwo how many of you are wit such IT cos.
    becos i am not
    its a shame

    only yesterday i was talking to a relative in England and he has been there for two years now. works for Wipro and he says they cant take vacation as some one else will come for the project and there is a big Q of people who wants to get out of england. knowing this Wipro is taking advantage.

    also i asked who pays tax and he said happily the co fills in all the taxes
    what he failed to say was this... may be the Wipro also engages in the same practice?? i dont know
    man this sucks
    shit.......poor IT fellas
  3. softwareguy

    softwareguy Registered Users (C)

    Not just Indian company.

    I used to work at Accenture India. I was with them in USA for 2 years on H1-B. They do the same. Well they say something like this - Tax return belongs to Accenture, not the employee....
    Same goes with Cap Gemini...

    Its not just Indian companies doing it...

    Its simple drain every blood possilbe from h1 b's.

    I am waiting for this Class-action lawsuit to go through so that I can slap it on Accenture.
  4. masala dosa

    masala dosa Registered Users (C)

    I work for No1 german co. in their America HQ and a direct employee ( not imported from india). may be thats why i have not heard such practice here.

    how csan anyone say that tax returns belong to the Co?
    dont you guys have SSN number?
  5. jc-gc

    jc-gc Registered Users (C)

    check or cash

    God BlessYou,
    you have mentioned "TCS then prepares a letter as if the employee has taken a loan exactly to the extent of tax return" .
    here i have a question, if the company issued a loan to the employee,it should be in the form of cheque,right?.then how could it be happened ?

    GOD_BLESS_YOU Registered Users (C)

    THIS IS THE LAW FIRM for this case!!

    if you have any questions and/or information regarding this case you can send them to

    Read the comments from some of TCS employees!!
    Last edited by a moderator: Mar 12, 2006
  7. Nadi

    Nadi Registered Users (C)

    Even Patni does that ...

    Desi companies are known to do horrible things to get a extra buck.
  8. yamkara

    yamkara Registered Users (C)

  9. apol

    apol Registered Users (C)

    These TCS/Infosys/Wipro..etc.....big name companies are totally "F****D up" big time...they are making IT slavery.... no ethics....

    I know lot of people in india dream to work for them....F**K them..I know one of my frd from WIPRO , his project was over on FRI and same eve they booked ticket for him to go back india....WTF?

    glad somebody took some initiation to sue these lousy asses...
  10. dl1cd

    dl1cd Registered Users (C)

    Hmm .. what is better?

    The first time I came here, I was on a B1 visa. Stayed here for 6 months and worked as a regular employee (office was not up and running in home country). During this time, company provided a rented, furnished apartment, provided a rented car, money for gas (actuals), gas/electricity actuals for the rental apartment and a princely sum of $30 a day. Oh, phone bills and cable TV bills were also paid by the company. What do you think?
  11. Nadi

    Nadi Registered Users (C)

    I had a question about emp of TCS, Wipro who snatch away the tax returns.

    1> The amount of $ withholding is the choice of employee ...
    Why don't they say -- no withholding...
    and in this case when the company does the taxes for the employee will have to pay the IRS instead of getting a hefty chunk from them.

    2> When an employee allows the company to do there taxes .... if the company puts in some wrong figures or expense .... The IRS can come after the employee for atleast 3-4 years after the returns have been claimed.

    The employee may have to pay in hefty fines later .....

    These questions just came in my mind arguments might be wrong... but still cannot digest that desi firms harvesting even the last possible dollars out of poor fellow citizens...

    Reflects how bad the desi guys are ..... no ethics or moral issues whatsoever... no wonder the british were able to rule for 300 years just by throwing money to few boot-lickers.
  12. Confused_h1B

    Confused_h1B Registered Users (C)

    Finally Finally


    I worked in TCS lucent project from Nov 2002 to June 2003.

    They were the most unethical, worthless, time wasting and worteless management, collegues or PLs.

    You will have 100% more politics than any other company.

    They mention 60K in the H1B petition, they still handover 2372 ( 28 for Medicare)..

    if you ask the manager 'why' , you get 'Live up with this buddy. at least you are getting 2200USD rather than INR back in TCS india office' shaeful they are....

    They mention 80K in the H1B pettion, they handover 2372 ( again 28 for medicare )

    so whateevr they mention, they only give

    2600 ( this being the hihest)

    I still remeber the PM used to ask some money for living expnese...

    just imagine...They suck our blood like anything and make 17 bilions huh..

    One day, I had a big fight for w2 as they didnt give me w2 for 2003 as I left without telling them while on H1B....
    recently I contacted ITS and they sent me a copy of w2 like which made me file the tax returns..

    They forcefull ask us sign the power of attoryny and drink our piss....

    So I waited for 2 years to see if things improve, nothing had changed. so I left the company without notice...I still carry a law suit on my head back in India....all I say is 'Go f**k yourself TCS'......

    I am glad someone really came forward and suied....I like that...

    I have crush to f**k TCS to the roots..And ready to do anything..
    Last edited by a moderator: Mar 13, 2006

    GOD_BLESS_YOU Registered Users (C)

    contact the law firm and involve in the calss action to get your money back !!
  14. softwareguy

    softwareguy Registered Users (C)

    how it works.

    Nadi - It didnt work like that.
    You are given a per diem decided by Accenture. This per diem according to them is enough for you. (2600$ a month for me Project Manager).

    They assign you a place to live and dont care if you have a family or not - all are provided studio apartments. Apartments although are furnished but studio for 3 ppl get the picture.. why ?? Oh and cut 1500$ out of your monthlies.

    This is their practise, you complain they tell you - ok pay more and in same complex we will give you 1 bed apartment, but you cant move out of the complex...
    Interesting, isnt it!!

    Regarding holdings letter you must be kidding. i was surprised to see anything like that till i moved out. End of the year you get letter from Ernst and Young, brother in crime and sign below some dotted line.

    Again to all it doesnt matter whether its indian company or not - they will suck you if they can. Plain and simple...

    And yes - "Atleast you are getting more than INR value". Well infact you are not.. With what i was getting back in india i was happy.

    Cheers to Class action lawsuit.!

    GOD_BLESS_YOU Registered Users (C)

    there is another law case against Infosis is on this only ..

    Infosys may face legal trouble


    BANGALORE: Information available on the web says that Infosys Technologies might face a possible class action suit in California from a law firm for allegedly not paying overtime wages to its employees who are working on H-1B visas there.

    However, an Infosys spokesperson told ET, “We have read this report and are currently examining the issue. Until we do so, we are not in a position to discuss this matter.”

    A class action is generally defined as a practical procedural device in litigation for determining the rights of and remedies, if any, for large numbers of people who have in common questions of law and fact.

    The law firm — United Employees Law Group, PC has alleged that it is investigating claims against Infosys offices in California for allegedly not paying overtime wages to ‘immigrant computer programmers’ ie, Indians working in the US on H-1B visas.

    It has further said that if a California-based employee, whether a US citizen or a foreign citizen holding a H-1B visa, works in computer software and is not paid at least $47.81 per hour or the annual salary equivalent of approximately $99,445, and works more than eight hours a day or 40 hours a week, they may be entitled to overtime wages.

    The law firm has further said, “If you are an employee of Infosys in California and make less than $47.81 per hour and do not receive overtime wages, you may qualify for damage or remedies.”
  16. ssvp

    ssvp Registered Users (C)

    Hi, I used to work with Wipro and I filed my returns not them. I agree they send you back to India if they don't have projects here for you next day but you will know this will happen atleast 15 days in advance! I am not trying to favor any company here but this was my experience.

    GOD_BLESS_YOU Registered Users (C)

    Computech H1B Back Wages Case

    DOL Approves $2M+ Settlement For H-1B Back Wages

    In the Matter of Administrator, Wage and Hour Division v.
    Computech Corporation, No. 2005-LCA-23, 2005-LCA-213(OALJ, Nov.
    17, 2005), the Office of Administrative Law Judges approved the
    parties' settlement and ordered that Employer shall pay the sum
    of $2,739,831 representing an agreed amount of back wages to be
    paid to the H-1B non-immigrants.,0315-computch.pdf
  18. roc123

    roc123 New Member

    No more SLAVERY in INDIA

    Here is ther eal story of tCS. and back india these F888S claim they are contributing to India.

    Forwar this to everyone....and reveal TCS reality...
  19. Sc3

    Sc3 Registered Users (C)

    Where is the law stating that IT engineers have to be paid as much? There are various levels in IT, and not all levels qualify for such a payment. H1 application defines the job responsibilities and corresponding renumeration -- as defined by survey. If you are doing more work,then you should ask your manager to up your job profie/pay. People who work harder are doing so at their own free will hoping to get raise/promotion -- if you are not getting rewarded MOVE ON -- People dont move because there are intangible compensation which makes them stick to the current position. But then comes along some dumba*se lawyer who says we can sue.

    Also people are not *forced* to sign, they want to come to US, so they sign it, later then feel they should not have -- it is a common trait among us Indians, we will give our word and then backtrack saying "oh no, you forced me into this" -- its a load of bovine excrement. You are reponsible to hold your end of bargain -- no matter if it is moral or not on the company's part to take back the tax returns.

  20. techy2468

    techy2468 Registered Users (C)

    sc3....i kind of agree with you.........people are shouting as though they were tied down and brought here.....then kept under gaurd over here.....

    if someone is really good...he can find another better employment in 2 months(even a H1 sponsor and transfer in 7-8 months) the same time i also do not promote the un-ethical business practices of all this companies....trying to cut all possible corners.

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