AMERICAN WORKERS IGNORE GAG ORDER: Speak Out On Being Replaced By Foreign Workers

The H1-B Visa program is being used and abused by American companies like Disney and Abbott Labs in Illinois. Disney was in the spotlight recently for an ex-employee’s tearful testimony before Congress about being replaced by a foreign worker only after being forced to train the new employee. Talk about adding insult to injury! More and more displaced employees are speaking out and shining a light on the practice of bringing in foreign workers at cheaper prices in place of Americans. The argument many corporations make is that there’s a shortage of people in the particular field they’re hiring foreign workers for. This is a fallacy and is NOT TRUE! 

LIBERTYVILLE, Ill. — American corporations are under new scrutiny from federal lawmakers after well-publicized episodes in which the companies laid off American workers and gave the jobs to foreigners on temporary visas.

But while corporate executives have been outspoken in defending their labor practices before Congress and the public, the American workers who lost jobs to global outsourcing companies have been largely silent.

Until recently. Now some of the workers who were displaced are starting to speak out, despite severance agreements prohibiting them from criticizing their former employers.

Marco Peña was among about 150 technology workers who were laid off in April by Abbott Laboratories, a global health care conglomerate with headquarters here. They handed in their badges and computer passwords, and turned over their work to a company based in India. But Mr. Peña, who had worked at Abbott for 12 years, said he had decided not to sign the agreement that was given to all departing employees, which included a nondisparagement clause.

Mr. Peña said his choice cost him at least $10,000 in severance pay. But on an April evening after he walked out of Abbott’s tree-lined campus here for the last time, he spent a few hours in a local bar at a gathering organized by technology worker advocates, speaking his mind about a job he had loved and lost.

“I just didn’t feel right about signing,” Mr. Peña said. “The clauses were pretty blanket. I felt like they were eroding my rights.”

Leading members of Congress from both major parties have questioned the nondisparagement agreements, which are commonly used by corporations but can prohibit ousted workers from raising complaints about what they see as a misuse of temporary visas.

Lawmakers, including Richard Durbin of Illinois, the second-highest-ranking Senate Democrat, and Jeff Sessions of Alabama, the Republican chairman of the Senate Judiciary Subcommittee on Immigration, have proposed revisions to visa laws to include measures allowing former employees to contest their layoffs.

“I have heard from workers who are fearful of retaliation,” said Senator Richard Blumenthal, Democrat of Connecticut. “They are told they can say whatever they want, except they can’t say anything negative about being fired.”

Lawyers said the paragraph Mr. Peña and other workers object to in their separation agreements is routine in final contracts with employees who are paid severance as they leave, whether they were laid off or resigned voluntarily.

“It’s a very, very common practice,” said Sheena R. Hamilton, an employment lawyer at Dowd Bennett in St. Louis who represents companies in workplace cases. “I’ve never recommended a settlement that didn’t have a clause like that.”
Read more: NYT


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