Tuesday, January 26

Ex-Disney IT workers sue after being forced to train their own H-1B replacements

Leo Perrero has sued his former employer, The Walt Disney Company. He says the company gave him 90 days to train his replacement, who had an H-1B visa. (credit: WWSB)

Two former IT workers at Disney have sued, saying that Disney broke the law when it hired cheaper foreign replacements, then fired its current IT department. Disney IT employees were told they would be kept on for 90 days in order to train their replacements, who were H-1B visa holders, according to the complaints. The workers were told "if they did not stay and train they would not get a bonus and severance, which most employees reluctantly accepted."

Both lawsuits are proposed class-actions, filed in federal court in Florida. The suit filed by Dena Moore (PDF) names Disney and labor contractor Cognizant Technology Solutions, while a  complaint filed by Leo Perrero (PDF) names Disney and HCL, another labor contractor.

They make a novel claim, saying that Disney violated the anti-racketeering RICO statute by engaging in a "conspiracy to displace US workers." The plaintiffs allege that Disney and the contractors weren't truthful when they filled out immigration documents, thus violating a section of the RICO law that bars "fraud and misuse of visas, passports, and other documents."

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