protectionist
Diamond Member
- Oct 20, 2013
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- #1,741
While there are some laws about layoffs they are not national they are on the state level and the state laws are easily overcome using shell games.
I'm talking about federal laws.
Show me the federal law that stops corporations from laying off high paid workers to replace them with cheaper workers.
H-1B dependent employers who are hiring a non-exempt H-1B employee must declare that they have not and will not displace or lay-off a U.S. worker "in an equivalent job" either within its own workforce or that of another employer (e.g. contractor). The employer may not displace a U.S. worker within its own workforce by hiring an H-1B worker in an equivalent job during a period beginning 90 days before the H-1B petition filing date and lasting 90 days after the filing date.
Furthermore, the H-1B dependent employer is also prohibited from placing the H-1B employee with another employer (e.g. in a contracting position) to perform work, either in whole or in part, if this would also result in displacing a similarly situated U.S. worker.
In reality, employers break these rules all the time and are rarely caught or punished, but it is still the law. When we get a president and attorney general with an ounce of decency, employers violators of these laws are going to find themselves in deep shit.