DO NOT SIGN ANY AGREEMENT UNTIL YOU SPEAK WITH AN ATTORNEY ABOUT GETTING YOUR JOB BACK. YOU DO HAVE A LEGAL RIGHT TO A JOB.
Employers who are importing foreign workers to replace Americans know that what they are doing is illegal.They know that you have a right to have your job back and all lost wages.
In order to trick you, the employer will ask you to sign an agreement that requires you to accept the illegal conduct and to give up your right to get your job back and all lost wages. In return, the employer will pay you for training your replacement, which he is legally obligated to do without an agreement. Of course, you may not tell anyone of the illegal conduct.
What you do and how much your case is worth depends entirely on the facts of your situation. However, there have been cases where the employer has agreed to pay more than $100,000.00 for its illegal conduct.
HIGHLY SKILLED PREREQUISITE – NO MORE TRAINING REPLACEMENTS
Federal law requires the imported worker to be “highly skilled.” When you are asked to “train” your replacement then you are training an incompetent worker. Demand to know everything about the replacement. (i.e. name, visa category, age, copy of education transcript; work experience, etc. . . ) You and the other threatened American workers will gather this information for delivery to an attorney, the press and to the Department of Justice. DO NOT EXPECT ANY PROTECTIVE ACTION FROM THE U.S GOVERNMENT HAS THEY WILL LOOK THE OTHER WAY. For example, in Orlando, Florida, the Congressman for that district told me that he would NOT HELP the American workers who were fired after training the incompetent foreign workers BECAUSE DISNEY WAS HIS CLIENT!!! I asked “What about your constituents, the Americans illegally fired? What will you do for them?” The Congressmen replied “Disney says it is done!”
In every case off “knowledge transfer” the imported foreign worker is incompetent. In the IT filed the vast majority of foreign workers would not be hired in a competitive market because they do not even know the basic business language.
IN ORDER TO GET THE INCOMPETENT FOREIGN WORKERS INTO THE COUNTRY, THE IMPORTER OF THE FOREIGN LABOR LIES TO THE U.S. GOVERNMENT ABOUT THE SKILL QUALIFICATION OF THE LABOR.
To protect your job demand to know the skill level of the imported foreigner. DO NOT TAKE NO FOR AN ANSWER. Remember, that it is your U.S. employer who is breaking the law. Gather the evidence before you are fired then report it.
YOU MUST BE REPLACED BY SOMEONE MORE SKILLED THAN YOU.
Just like a job interview, the employer may not discriminate on human characteristic such as race, disability or national origin. In short, the employer MUST choose the best applicant or face charges of illegal discrimination.
THE FOREIGN WORKER MUST BE PAID MORE THAN YOU.
In order to get the incompetent foreign workers into the country, the importer of the foreign labor lies to the U.S. government about the wage of the imported foreigner. The importer and the U.S. employer will tell the government that the foreigner will be paid more than $60,000.00; yet, in reality, they pay far less.
The law requires the foreign replacement to be paid either $60,000 or above the prevailing wage in the area. You are evidence of the prevailing wages paid in your area.
Thus, if the importing company pays the foreign worker LESS than you it has lied to the government.
DEMAND THE EMPLOYER PROVIDE YOU WITH A JOB AND/OR WAGE SURVEY OF WAGES IN STATE. (P.S. THEY WON’T HAVE IT.)
In many cases, the law requires the importing company to conduct a survey for qualified U.S. workers to file any vacant job position and to survey the area for wage and experience levels. The importing company will NOT HAVE ANY SURVEY because it is evidence of their illegal conduct.
Do not accept a “survey” of 1 or 2 business. An acceptable survey should include at least 5 competing business within your state and be broken down by job title; experience level; and life experiences.
EMPLOYER MAY NOT HIRE ONLY 1 NATIONALITY
Importing companies specialize in hiring only one (1) national origin. For example, there are several corporations that recruit and import ONLY from India. This preference for (or against) any national origin is illegal. You will need to gather information on the race and/or national origin of the imported worker. Do not be afraid to look at the faces of the imported workers. Your are not racist! YOU ARE REALISTIC. The importing corporations are breaking the law and betraying America. Would you close your eyes if your car was being stolen by a foreigner? Of course not. The is nothing morally or ethically wrong with identifying the persons committing a crime.
DEMAND A SURVEY OF WAGE AND AVAILABLE WORKERS
In many cases, the law requires the importing company to conduct a survey for qualified U.S. workers to file any vacant job position and to survey the area for wage and experience levels. The importing company will NOT HAVE ANY SURVEY because it is evidence of their illegal conduct. Do not accept a “survey” of 1 or 2 business. An acceptable survey should include at least 5 competing business within your state and be broken down by job title; experience level; and life experiences.
Gather this information for delivery to an attorney, the press and to the Department of Justice.