Are U.S. employees laid off and then replaced by H-1B or L-1B workers performing substantially the same work? Has that happened ever....
If your employer laid you off while hiring or transferring H-1B or L-1B workers, these are the main laws worth asking an attorney to investigate:
H-1B displacement law — INA §212(n), 8 U.S.C. §1182(n)
For covered employers, replacing a U.S. worker with an H-1B worker doing an essentially equivalent job can violate the law.
H-1B recruitment requirements — 20 CFR §§655.738–655.739
H-1B-employers must make good-faith efforts to recruit U.S. workers and offer positions to qualified U.S. applicants.
L-1B requirements — INA §101(a)(15)(L), 8 U.S.C. §1101(a)(15)(L)
L-1B status is for employees with specialized knowledge who are transferred from a qualifying foreign company to a related U.S. company.
L-1B fraud or misrepresentation — INA §212(a)(6)(C)
False statements or material misrepresentations in obtaining immigration benefits can create serious immigration consequences.
WARN Act — 29 U.S.C. §2101 et seq.
Large qualifying layoffs may require advance notice. This is separate from H-1B and L-1B rules.
H-1B whistleblower protection — INA §212(n)
You may be protected from being fired, threatened, demoted, or punished for reporting suspected H-1B violations.
Retaliation laws
An employer generally cannot punish you for making a legally protected complaint about unlawful employment practices.
Title VII — 42 U.S.C. §2000e-2
Discrimination based on national origin is prohibited.
INA §274B — 8 U.S.C. §1324b
Certain discrimination based on citizenship status or national origin is prohibited.
Some U.S. citizen employees reporting to IDC manager are required to work midnight/overnight hours while comparable employees reporting elsewhere are not, these are the potential violations to investigate:
National-origin discrimination — Title VII, 42 U.S.C. § 2000e-2
If the different scheduling is because of national origin.
Adverse working conditions for U.S. workers — INA § 212(n), 8 U.S.C. § 1182(n)
Particularly relevant if other employees doing comparable work receive better hours or working conditions.
Overtime violations — FLSA, 29 U.S.C. § 207
If the overnight schedule results in more than 40 hours per week without required overtime pay.