News Disney Accused Of Conspiring To Replace American Employees With Immigrants

Discussion in 'The Howard Stern Show' started by dawg, Jan 26, 2016.

  1. dawg

    dawg In The Dog House Staff Member

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    Even after Leo Perrero was laid off a year ago from his technology job at Walt Disney World in Orlando, Fla. — and spent his final months there training a temporary immigrant from India to do his work — he still hoped to find a new position in the vast entertainment company.

    But Mr. Perrero discovered that despite his high performance ratings, he and most of the other 250 tech workers Disney dismissed would not be rehired for at least a year, and probably never.

    Now he and Dena Moore, another American laid off by Disney at that time, have filed lawsuits in federal court in Tampa, Fla., against Disney and two global consulting companies, HCL and Cognizant, which brought in foreign workers who replaced them. They claim the companies colluded to break the law by using temporary H-1B visas to bring in immigrant workers, knowing that Americans would be displaced.

    “I don’t have to be angry or cause drama,” said Ms. Moore, 53, who had worked at Disney for 10 years. “But they are just doing things to save a buck, and it’s making Americans poor.”

    Ms. Moore had also trained her replacement. After she was laid off, she applied for more than 150 other jobs at Disney. She did not get one.

    The lawsuits by Mr. Perrero and Ms. Moore, who each filed a separate but similar complaint on Monday seeking class-action status, represent the first time Americans have gone to federal court to sue both outsourcing companies that imported immigrants and the American company that contracted with those businesses, claiming that they collaborated intentionally to supplant Americans with H-1B workers.

    A furor over the layoffs in Orlando last January brought to light many other episodes in which American workers, mainly in technology but also in accounting and administration, said they had lost jobs to foreigners on H-1B visas, and had to train replacements as a condition of their severance. The foreign workers, mostly from India, were provided by outsourcing companies, including the two named in the lawsuits, which have dominated the H-1B visa system, packing the application process to win an outsize share of the quota set by Congress of 85,000 visas each year.

    The Labor Department opened investigations of the outsourcing companies — the direct employers of the temporary immigrants — at Disney and at Southern California Edison, a utility that laid off hundreds of American workers in 2014. The investigations are continuing. At least 30 former Disney workers also filed complaints with the federal Equal Employment Opportunity Commission, claiming that they faced discrimination as American citizens.

    The lawsuits by Mr. Perrero and Ms. Moore are based on the rules for H-1B visas, which Congress designed to bring foreign workers with special skills into the country. Employers are required to declare to the Department of Labor that hiring foreigners on the visas “will not adversely affect the working conditions of U.S. workers similarly employed.”

    “Was I negatively affected?” Ms. Moore asked. “Yeah, I was. I lost my job.”

    Sara Blackwell, a lawyer in Sarasota, Fla., representing the former Disney employees, said the suits charged that the companies had lied under oath when they said no Americans would lose their jobs.

    Disney, in a statement on Monday, said, “These lawsuits are based on an unsustainable legal theory and are a wholesale misrepresentation of the facts.” The company said more than 100 of the workers who were laid off in Orlando had been rehired.

    HCL has said it complies carefully with United States laws. Cognizant, in a statement on Monday, said that it would not comment on the lawsuit, but that it “fully complies with all U.S. regulations regarding H-1B visas.”

    The company said an internal compliance team “ensures our practices are not merely compliant with existing laws in letter and spirit, but also adhere to best practices.” Cognizant said it employed “many thousands of U.S. citizens and residents in addition to employees on lawful H-1B visas.”

    Responding to the frustration of American workers, Congress in December renewed and increased a fee on outsourcing companies that it had allowed to lapse. Larger companies employing many H-1B workers in the United States will pay an extra fee of $4,000 for each new H-1B visa — up from $2,000 — and another $4,000 to move an H-1B immigrant who is already in the country to a new employer.

    Senator Bill Nelson of Florida, a Democrat who has been openly critical of Disney’s layoffs, offered a bill to reduce the H-1B quota by 15,000 visas a year to 70,000. The issue came up in the presidential race, as Senator Ted Cruz of Texas, a Republican candidate, introduced a bill with Senator Jeff Sessions of Alabama, a Republican hard-liner on immigration, to sharply increase the minimum wage for H-1B workers to $110,000 a year, to discourage outsourcing companies from using the workers to lower wages.

    The Institute of Electrical and Electronics Engineers, an international association of tech workers, posted an online petition to encourage Americans who were displaced to file complaints with the Justice Department. In a letter to the group in December, Alberto Ruisanchez, a Justice Department lawyer in charge of prosecuting immigration abuses, confirmed that it would be a violation of anti-discrimination laws for an employer, or a contracting firm, to fire workers or hire replacements “because of citizenship or immigration status.”

    Mr. Perrero, like many Americans who have lost their jobs, said he was long reluctant to speak out publicly against his former employer. At 42 and with a family to support, he worried that he would not find another job in Orlando, where Disney rules as the largest employer by far. He spoke with The New York Times anonymously in an article in June about the humiliation of training his foreign replacement.

    But local recruiters told him that despite the company’s statements, Disney managers said they would avoid rehiring workers who had been laid off. Mr. Perrero said he knew of only two workers from the close-knit group of more than 200 who were dismissed who went back to tech jobs at Disney.

    Mr. Perrero said he was “part Italian, part English, part Swedish.” He said, “I wholeheartedly believe our country needs to have amazing people come here to build a long-term foundation.” But he said the H-1B program had been abused.

    Ms. Moore said that even with strong programming credentials, it was hard for her to start over in her 50s with another company. She has 13 grandchildren, and she confessed that one of the difficult losses was a pass that allowed her to take them to Disney World at no cost.

    http://www.nytimes.com/2016/01/26/u...-replace-us-workers-with-immigrants.html?_r=0
    http://www.nytimes.com/interactive/2016/01/25/us/document-H1B0125-Perrero-Disney-Complaint.html
     
  2. Stretch5000

    Stretch5000 Well-Known Member

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    They really know how to rub your face in it, don't they?
     
  3. RenchFries

    RenchFries Official Dawgshed Dutch representative Gold

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    deadbeat likes this.
  4. chrisfromvegas

    chrisfromvegas HOOLIGAN VIP

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    If they can't outsource the work to low wage countries, they bring the low wage workers here.
    That's why immigration law isn't enforced.

    Figuring out why the middle class is shrinking ain't rocket science.
     
  5. Stew Nod

    Stew Nod Hello VIP

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    Murica
     
  6. Tickle Shits

    Tickle Shits Special Needs Typist. Gold

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    Americans had to get all upity and ask for $15 minimum wage... I read an article about the mascot's outfits, they rife with scabies and ring worm and they are shared.. :puke:
     
  7. reno

    reno VIP Extreme Gold

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    I've never been to Disneyworld, never plan on going. Mickey can suck Walts dead cock.
     
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  8. Tipsey Russell

    Tipsey Russell VIP Extreme Gold

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    any job that could be sent there was sent there (over there and the like)
    the next logical step was always gonna be this
    bring them here to fill the jobs they couldn't send there
    the people running these very large corporations aren't fucking stupid
     
  9. Ta Ta Toothy

    Ta Ta Toothy Well-Known Member

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    I worked for Disney during the Eisner years. It was the most evil company I ever worked at. Clearly, it's even worse now.
     
  10. dawg

    dawg In The Dog House Staff Member

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    Can you expand? What made it evil during that time?
     
  11. stanggirl

    stanggirl There's no replacement for displacement VIP

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    Unfuckingbelievable
     
  12. potroast

    potroast Well-Known Member

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    I've known about this story for a while now. This is the kind of stuff that should be brought up in all these candidate interviews. Give the voters something specific to hold their feet to if elected.
     
  13. yaddc

    yaddc Well-Known Member

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    just say no
     
  14. dawg

    dawg In The Dog House Staff Member

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    ok
     
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  15. Yeahnolisten

    Yeahnolisten Well-Known Member

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    Don't worry, they'll make the money they lost hiring those workers at a lower wage by raising ticket prices.
     
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  16. lestanyonethink

    lestanyonethink Hey, how do I know Connie? VIP Gold

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    I'm glad this story is finally getting wider attention and I hope it continues to grow. I felt so bad for these displaced American tech workers that were essentially forced to train their foreign replacements. The proposed expansion of the H1-B visa program seems like a bad idea. The foreign workers resemble paid indentured servants who are bound to their corporate sponsor, as opposed to a regular employee who could leave for a better job. How can most highly skilled American workers compete with that?
     
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  17. Tipsey Russell

    Tipsey Russell VIP Extreme Gold

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    here's my dose of internet cynicism for the day

    there are millions of Americans who don't give a shit if this costs some fancy college boys their job
    they've seen their jobs leave by the millions to china or india
    they've seen their communities devastated by these offshoring practices
    and they've seen these fancy college boys not give a shit

    so now that it's fancy college boy's turn to compete with people who aren't playing on a level field
    maybe those millions of folks might be somewhat happy to share the misery?


    I feel blue now
    i'll watch a youtube video of doggies doing goofy stuff--that'll cheer me
     
  18. bdbx18

    bdbx18 Well-Known Member

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    Hell yeah, I'm right smack in the middle of this. An tech guy for 30+ years, still employed and working shoulder to shoulder with Indian consultants. I should point out, most of which I've never met and many of which I've referred to as a he and it's a she.

    Not trying to sound like sour grapes (but check around), most are below par as far as competency goes. They sell mgmt with the A Team (usually local consultants), bring in the offshore C Team which in a few months is replaced with the D Team. My company has a group dedicated to putting out fires, enforcing contracts, switching out incompetent resources and just managing the disputes with the outsourced company. Not to mention the brain drain going on.

    The bottomline for the business? You may not get the great service you used to get from the IT dept. but the systems are still (barely) running and the savings are huge (questionable).

    A good friend of mine has to be up early mornings to train her outsourced and replacement for months. Her motivation is (a) possibly a job with the new outsourced company and (b) a bonus at the end of the cross training. She didn't get A, I think she got B and she luckily got one of the few local jobs available in another group.
     
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  19. Mlaw

    Mlaw Quite Contrarian Gold

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    It's all about shareholder dividends and stock price---
     
  20. SouthernListen

    SouthernListen I don't follow the crowd. Sorry about that. VIP

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    For decades everyone ignored globalism and mass immigration of low skill workers because they thought it only affected factory workers or service industry workers on construction workers' wages. However, eventually anything not tied to extremely fluent English skills can be done cheaper by someone else somewhere or someone somewhere can be brought here to do it at half the pric e and be happy to do so.

    There's 6 or 7 Billion people in the world, the majority of whom are "poor" by our standards. They claim 3 billion live on less than $2.50 a day. As they gain some level of education by the millions they become eligible to work your job for 1/3 the cost.

    The natural and predictable result of globalism and migration is higher wages for these people and lower wages for first-worlders.