Disney Fires Americans Hires H1B Visa Holders

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Hodr

Guest
I expect to see Disney get sued. It's not illegal to outsource any and all work (and this isn't outsourcing), but it is illegal to fire a worker then hire an H1-B to do the same job. The point of the program is to bring in skilled labor to fill a position that absolutely cannot be filled locally.

Now, when they do this by 1s and 2s, arguments can be made that the new employees are doing a different job than the old ones (we fired a RedHat Linux Sysadmin, we hired a SUSE Linux Sysadmin, etc). When you replace an entire department, but that department is still responsible for the same work, you can't make this excuse as easily.
 

GURPS

INGSOC
PREMO Member
I expect to see Disney get sued. It's not illegal to outsource any and all work (and this isn't outsourcing), but it is illegal to fire a worker then hire an H1-B to do the same job. The point of the program is to bring in skilled labor to fill a position that absolutely cannot be filled locally.

Now, when they do this by 1s and 2s, arguments can be made that the new employees are doing a different job than the old ones (we fired a RedHat Linux Sysadmin, we hired a SUSE Linux Sysadmin, etc). When you replace an entire department, but that department is still responsible for the same work, you can't make this excuse as easily.

:shrug:

California has been doing the same thing ...






... there is that big of a difference between RH and SUSE ?
 
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H

Hodr

Guest
... there is that big of a difference between RH and SUSE ?

No, there is very little difference in the product (one is the FOSS version of the other). There is even less difference in the skillset required to administrate one vs the other.

That was my point; for an individual job they can get away with replacing someone by pretending the new job is different. But to do that with an entire department would be a harder sell.
 

Lurk

Happy Creepy Ass Cracka
That was my point; for an individual job they can get away with replacing someone by pretending the new job is different. But to do that with an entire department would be a harder sell.

What if Disney is planning on moving its entire IT department to Mumbai? Instead of Microsoft technicians calling to report my computer is planting malware in their servers, we'll get Punjab calling to offer a breakfast deal if I book a vaca for 2017 now and begin the exhorbitant payments now.
 

GURPS

INGSOC
PREMO Member
No, there is very little difference in the product (one is the FOSS version of the other). There is even less difference in the skillset required to administrate one vs the other.

That was my point; for an individual job they can get away with replacing someone by pretending the new job is different. But to do that with an entire department would be a harder sell.

:yay:

Gotcha .... an analogy

I was a little :confused: there ain't that much dif between Linux Distros ......
 
H

Hodr

Guest
What if Disney is planning on moving its entire IT department to Mumbai? Instead of Microsoft technicians calling to report my computer is planting malware in their servers, we'll get Punjab calling to offer a breakfast deal if I book a vaca for 2017 now and begin the exhorbitant payments now.

They have every right to do that. If they do the math and find out that the additional headaches of working with multiple cultures, languages, differing time zones, and of course the PR hit still works to their advantage, then I expect they would.

But that is different than lying to the government in order to import indentured labor from other countries, displacing local workers and artificially depressing their wages by flooding the market with excess talent. And it's not even always about money as most H1-Bs get paid the "prevailing wage" (the bottom end of it). The problem is that they have virtually no job mobility, so they are tied to that employer, and the employers like to take advantage of that (extreme hours, poor working conditions, etc).

People tend to look the other way because they have been spoon fed by the media that "high tech jobs are in demand!", but the fact is that we have plenty of IT workers, they are just used to getting paid above the poverty level.

If you think Zuckerberg, Gates, and the rest are pushing learning "to code" into grade school because we don't have enough software engineers, you need to look a bit closer. They are intended to further flood the market to decrease their own costs. When half the population can develop software (because the tools have made it progressively easier, and everyone is now learning it in school) they will no longer need to pay high order salaries for workers.

It's not like we will see software developers hanging out in front of Best Buy, like migrant workers in front of Home Depot; but the plan is to commoditize those workers.
 

MMDad

Lem Putt
These are usually self-correcting problems as businesses generally have to hire back large parts of their staffs to fix what the Indian workers have dorked up.

It's funny how these theoretical libertarians/conservatives/capitalists see a company making a smart business move and jump all over "there oughta be a law!" This is a problem how? What Disney is doing is completely a business decision and is driven by the labor market. The only "problem" here is the mindset that we need more government involvement in order to fix a problem that government created.

Go back to sleep you faux conservatives.
 
H

Hodr

Guest
It's funny how these theoretical libertarians/conservatives/capitalists see a company making a smart business move and jump all over "there oughta be a law!" This is a problem how? What Disney is doing is completely a business decision and is driven by the labor market. The only "problem" here is the mindset that we need more government involvement in order to fix a problem that government created.

Go back to sleep you faux conservatives.

You are confused. If Disney chose to outsource, to move their IT services to another country for cheaper labor that would be a business decision (possibly a smart one, depending upon circumstances).

Lying to the government and abusing a program to import non-citizens to this country in order to do the work of someone already employed is not a case of "their aught to be a law", it's a case of "there is a law, and they're breaking it".
 

MMDad

Lem Putt
You are confused. If Disney chose to outsource, to move their IT services to another country for cheaper labor that would be a business decision (possibly a smart one, depending upon circumstances).

Lying to the government and abusing a program to import non-citizens to this country in order to do the work of someone already employed is not a case of "their aught to be a law", it's a case of "there is a law, and they're breaking it".

That is one take but the facts don't support it. They got rid of their own people and brought in a contractor. Nothing wrong or illegal with that.
 

Hijinx

Well-Known Member
That is one take but the facts don't support it. They got rid of their own people and brought in a contractor. Nothing wrong or illegal with that.

For every law there is a lawyer finding a way around it.
 

GURPS

INGSOC
PREMO Member
It's funny how these theoretical libertarians/conservatives/capitalists see a company making a smart business move and jump all over "there oughta be a law!"

food for thought

however .... when choosing a vacation it will be, who outsources JOBS and who keeps them in country


http://www.computerworld.com/articl...k-investigation-into-h-1b-driven-layoffs.html

SCE cut about 500 IT workers after replacing them with contractors from Infosys and Tata Consultancy Services, two India-based offshore outsourcing firms that are among the largest users of the H-1B visa. Computerworld interviewed some of these workers and reported their stories.

Court case offers a peek at how H-1B-fueled discrimination works
One-third of Infosys worksites have 100% Asian workers, lawsuit alleges

The passage of the Affordable Care Act brought with it a burst of IT spending and hiring. The District of Columbia, for instance, hired offshore outsourcing firm Infosys for $49.5 million to build its Healthcare Exchange.

The India-based Infosys brought in H-1B visa holders to work on the government project. And of the approximately 100 Infosys employees working on the healthcare project, only three were American, according to a civil lawsuit filed in federal court.

The IT professional making the claim, Layla Bolten, has a degree in computer science and has been in IT since 1996. An experienced tester, which is what she was hired for, Bolten often helped less-experienced staff.

But the lawsuit contends Bolten was harassed because she was not Indian and excluded from work conversations by supervisors who spoke Hindi. People with less experience were promoted over her, and she eventually quit.


http://www.nbcbayarea.com/investigations/Silicon-Valleys-Body-Shop-Secret-280567322.html



Interesting to see the;

DU


Buzz Clik (31,592 posts)
32. If this thread is any indication, we have swung so far to the left on this issue, ...

... that we are now occupying some of the same turf as the far right.

(this picture was used to illustrate a point in Freeperland: http://www.freerepublic.com/focus/news/3173279/posts

Above Top Secret
a staff member @ Laura Ingram post in the 'Need to Know' section a link to the Computer World Article ...

and a Lively Debate on Reddit

all about the same topic .... big business tossing American Workers for IT Outsourcing - that brings in People from India - either with H1B's or L-1B's
 

GURPS

INGSOC
PREMO Member
That is one take but the facts don't support it. They got rid of their own people and brought in a contractor. Nothing wrong or illegal with that.



Indeed, how did the contractor explain needing all those bodies from India
 

GURPS

INGSOC
PREMO Member
The American tech workers Disney laid off in January after forcing them to train their foreign replacements were put on a “black list” that disqualified them from hire by any contractor that works with Disney, emails obtained by The Daily Caller News Foundation between one of the laid off workers and a recruiting firm show.

The worker, who asked to remain anonymous because he is waiting on legal advice, learned of the black list when he sent his resume and performance review to a local IT recruiting firm that wanted to place him with a company contracting with Disney.

He had plenty of past experience doing similar work for Disney contractors, and had received the highest possible rating on his performance review, so he thought he would be a top candidate for the job.


http://dailycaller.com/2015/06/09/disney-blacklisted-displaced-american-workers/



cant say that I blame Disney .... you wouldn't want to rehire a pissed off emplouyee
 

GURPS

INGSOC
PREMO Member
EXCLUSIVE — DISPLACED DISNEY CAST MEMBER: HOW THEY REPLACED ME, OTHER AMERICANS, WITH CHEAP FOREIGNERS ON H1B VISAS


As I watched the grim faced Disney Executive, it was obvious that bad news was going to be delivered. The dead silence was broken when the Disney Executive made a harsh announcement. All of you in this room will be losing your jobs in the next 90 days. Your last day of employment for this company will be January 30, 2015. Your jobs have been given over to a foreign workforce. In the meantime you will be training your replacements until your jobs are 100 percent transferred over to them and if you don’t cooperate you will not receive any severance pay. Also, if we don’t feel confident that we have captured everything that you do we can, at our discretion, keep you longer than the 90 days until we have captured everything that you do with this job. Don’t discuss this meeting with anybody else in the company. Everybody in the room was appalled at the message. I was completely silent thinking how this was going to affect my coworkers and how I was going to break the news to my wife and children back at home as I was the only person in my home with a steady job. How would I pay for all the expenses that go along with a home, a wife, and children?

As of January 31, 2015, I would be living on unemployment payments. Health care, along with other employee benefits, would be gone. The good life was soon to vanish as soon as the foreign workers took over my job. The sleepless nights were just starting for me as I felt the pressure of providing for my family with food, shelter, utilities, autos, health insurance, and child day care. My coworkers and I felt extremely betrayed by Walt Disney World, a company for which we had worked so hard.

After having worked grueling on call shifts, hundreds of middle of the night and weekends work sessions in addition to a barrage of problem phone calls around the clock for many years, they were going to simply throw us out for their financial benefit. One glimmer of hope from the Disney executive was that many new Disney jobs were going to be created and these jobs would not be as dull and repetitive as our current jobs were and that no net loss of jobs was going to happen. Disney Cast Members who had survived and were not invited to this doomful meeting wondered what happened inside the closed door meeting. Some of those in the meeting had tears streaming down their faces, others had completely broken down and were crying out loud and one was murmuring “no, this can’t be” as they were marched out of the room.

The very next week our office environment started to change dramatically. A huge influx of foreign workers from South Asia started to arrive at numerous buildings on the Disney Orlando campus in very large numbers. A foreign language was suddenly being spoken throughout the building hallways. Everywhere I went, including the company cafeteria, the composition of the company changed so much in the period of only a week.

www.ProtectUSworkers.org
 
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