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Displaced IT Workers Being Silenced
dcblogs writes A major problem with the H-1B debate is the absence of displaced IT workers in news media accounts. Much of the reporting is one-sided — and there's a reason for this. An IT worker who is fired because he or she has been replaced by a foreign, visa-holding employee of an offshore outsourcing firm will sign a severance agreement. This severance agreement will likely include a non-disparagement clause that will make the fired worker extremely cautious about what they say on Facebook, let alone to the media. On-the-record interviews with displaced workers are difficult to get. While a restrictive severance package may be one handcuff, some are simply fearful of jeopardizing future job prospects by talking to reporters. Now silenced, displaced IT workers become invisible and easy to ignore. This situation has a major impact on how the news media covers the H-1B issue and offshore outsourcing issues generally.
Corporations and billionaires want to drive down the wages of white collar tech workers by importing cheaper H1-B employees. H1-B employees are also much easier to control as well since they can simply get deported if they stir up too much trouble for their employer. This is all done under the supposed auspices of saying there aren't enough "qualified" workers in the US. "Qualified" usually meaning "won't work peanuts like we want". At the same time, these CEOs have net worths that are 100s to 10000s of times the yearly wages of even these "greedy" and "overpaid" US workers.
"I knew slashdot was right wing these days"
LOL really?! The leftist propaganda keeps me away from this site most of the time.
Not exactly; it is MEANT to be a means by which an employer can find someone from outside the country if they can't find the person inside; say... if you need a java developer who can speak both japanese, chinese, and english. A niche case that's hard to fill. Instead, however, big names like HP and MS will drop thousands of developers, then run begging to the government to increase H1bs so they can bring in folk at half the price or less ... who, themselves, are in a position of insecurity and disposability, ensuring they won't stand up for better wages and rights. H1bs were not designed to undermine american skilled laborers... it's just that unscrupulous major brands are exploiting it.
If the requirement were that the person brought it had to be paid at least as well as everyone else in that market (moreso, probably, considering the point is to find someone with a hard-to-find combination of talents) or otherwise way in taxes the entire difference in wages... I'm sure these guys would find there's plenty of people with the skills already here who'd be happy to do the work.
I'd get rid of the proof and just use a tax. Require a tax of 50% of the prevailing USA citizen wage for similar technology workers on top of what gets paid to the H1B. Then allow unlimited H1Bs. That makes sure the incentive isn't economic.
The author of TFA is exaggerating and assuming that the clause in the agreement is purposely for those who are replaced by H1B people. Either he or his friends/family members were affected by this. To me, the clause to not disclose any information about being let go is very common. If you are being "fired," there are many reasons. Also, the company will NEVER want you to say anything regardless how you are being replaced. These people will find something to blame on others regardless (and in this case is the H1B people who replaced them). I am not saying that all are legitimated laid off/fired, but I doubt that the "signing" the document is REALLY for the case only.
Then the author pulls in politic which, of couse, a more effective on those who do not like H1B already. TFA has some of the fact and reasons, but over all TFA contains bias against H1B people by using the word "being fired or replaced" to make TFA more dramatic.
I left before it happened but my former company outsourced all of IT to Wipro.
This was on a system with 60,000 users.
Everyone but management was replaced with H1B- workers from India.
Outgoing staff was asked to stay and train their replacements with no severance packages.
Very few stayed and turnover documents were not made (hmm I wonder why) so the incoming Wipro workers had to discover and document the systems themselves.
I hear it was a real nightmare with lots of $$ spent on contractors to help figure things out.
If you think it's expensive to hire a professional to do the job, wait until you hire an amateur. --Red Adair
if you need a java developer who can speak both japanese, chinese, and english.
And who probably knows what "both" means...;-)
I have been displaced on more than one occasion. Atos laid me off so they could hire a cheaper H1B worker. (Not a loss as they are a sweat shop)
Atos has several NO-Outsource government contracts and before my layoff they were discussing outsourcing them and putting one American to answer the phone so the government did not know it was outsourced.
There was a company that was backed by the airlines where the CIO was Indian and the whole IT group was H1B's. I was the only white guy there and I was laid off from them officially for "Not meeting there expectations" and was replaced by an H1B worker.
HP had several H1B workers working 80+ hour weeks and only reporting 40 hours. On the promise that they would "Make it up to them." They replaced me because I was saying it was illegal to do, yep they brought in another H1B to replace me.
Between H1B's and outsourcing work to India, IT has been a crappy field but I still make money at it.
What, "Japanese, Chinese" isn't a single language? Next you'll be telling me "Overseas" isn't a single country!
We all want to have a monopoly on what we do for a living. We want limited competitor and supply s and be able to charge high prices. As consumers we want unlimited choices, lots of supply, and low prices. A free market will provide the latter and a command economy is required for the former. What we have now is the worst of both. Those with political power use it to restrict start up and small competitors while trying to have unlimited supply of cheap labor.
I love Jesus, except for his foreign policy.
Most (not all) of the H1-B's I ran across as an independent s/w contractor for 20 year in Silicon Valley did not work as employees for what would appear to most people as their "employer" (Facebook, HP, Adobe, Oracle, etc.) Instead, they were actual employees of job shops who were renting them out to the corporations at a mark up. So if the corporation terminated any of them, they were still legally employed by their job shop and, likely, soon sitting in another cheap seat in another corporation in a few weeks. As long as they work for dirt cheap, they get a seat. Meanwhile, those of us who have families to support and live here full time have to charge enough to pay the bills, unlike 20 somethings who dorm themselves up with 3-5 other H1-B's (all arranged by their job shop, I might add), sharing rent, a single car, etc. The whole thing is an insideous insult, IMHO, to American citizens. Those screaming loudest for "moar" H1-B's are corporate overseers who just want cheap labor so they can stuff their pockets with the results. Just my 2 cents. You try doing what I did for 20 years and see what you think. This shit is not theoretical...
how often do you hear of companies shit-canning your resume if you are found out (public record) that you sued an employer OVER ANYTHING, even valid complaints?
right, you don't hear of it.
the real shit in this world is never reported. but its been like that forever; its how mankind works (or, fails to work, in this regard).
the one law of the jungle: if you can get away with it, you can get away with it; especially if you are big and can lay down a serious smackdown to challengers.
there is no other justice than this, in the world. those with power, get away with shit and you and I have essentially no say. we take whatever crumbs come our way.
sad, but if you think about it honestly, its what we have in this world.
reporters? since when does the news report real news? since when does the news challenge those in authority? not since the past 20 yrs, since 'news' is now part of the entertainment and profit-centers of tv (newspapers are nearly dead, btw).
--
"It is now safe to switch off your computer."
This. Every time I hear "we can't find enough employees" I substitute "... at the lowball pricepoints we're willing to give out". It strikes me as odd that the laws of supply and demand somehow are allowed to disappear when it comes to people/employees. If demand is so high, wages should be pushed up. They're not. Over a course of years, the tools for people to fight a more fair fight have been peeled away. As a kid I still remember the PATCO strike. Government intervention against workers collective bargaining, and then all the way to Wisconsin and governmor Walker. Suppliers can't be squeezed. Profits should never be squeezed. Lets squeeze the employees.
That and the fact that employee wages are inputs to the system. Even Henry Ford, hard right capitalist, realized you can't squeeze wages so much that people can't afford things.
Posting as anonymous for obvious reasons.
I managed a team of developers at a shrink wrap software shop for ~3 years. It was actually a really solid place to work from a cultural and technical point of view. Unfortunately, the CEO was a bit of a hot-head and injected mass drama every time he came out of his office.
I had a quarterly check in with him, and give him an accurate description of my active projects and my thoughts on the direction he wanted to move in. I expressed my concern about the quality of some of the 10+ year old code that was at the core of the features he wanted to expand on. Turns out that negative feedback was not what he was looking for.
Next thing I know the CIO is stopping by asking me what it is that I actually do day to day. Then my lead architect mentioned that the CEO stopped by and talked about taking a "more active role" in the team.
Not long after that, I was given marching orders and a severance package. The severance was predicated by the signature of a pair of contracts covering confidentiality and behaviors.
About a month and a half into my severance, I get an irate call from the HR director claiming I've violated my severance agreement and that they will be seeking recomp.
I hired a lawyer, talked it out with him. Either we ignore them and hope they don't come after me, we call their bluff and threaten a counter suit, or we pay them off and nullify the contract. At this point I was tempted, ooh so tempted, to just say, "OK". Because with no contract, there is no confidentiality agreement, no non-disparagement agreement, no non-compete agreement.
As soon as my lawyer pointed out that if the employer broke the contract that they wouldn't have standing to come after me for the other aspects of the contract, they backed off and paid out the rest of my severance.
It's nice to get the money that was owed to me, but the annoyance of the contracts sucks, and I will definitely avoid any such contracts in the future.
In the end though, I will never put a review of that company on Glassdoor. I do not talk about my separation with my friends from the company. And the details of my severance package will never be shared. Because fsk are lawyers expensive.