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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102348
Experience:  Years of experience in running a medium sized law firm.
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I work on a company that the owners are from Russia. They

Customer Question

I work on a company that the owners are from Russia. They being laying off people due to reduction of force. Lately they are bringing people to Russia and they are all in the management team with work visa. Is there any law that protect us the US citizen agains this practice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unfortunately, no - there is not. It is not illegal for a company to replace employees with either (a) outsourced work to Russia or (b) individuals from Russia who have valid work visas. An employer in USA does not have a quota system where a certain percentage of the workforce has to be or cannot be replaced by foreign workers.

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Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 1 year ago.
Thank you for the response, this company jus anounce a 50% reduction on sales people salary they are doing a lot of lay off but only American
Expert:  Ely replied 1 year ago.
Hello again,
Thank you for your reply.
Now technically the company is not supposed to discriminate based on race, religion, creed, national origin, etc. So one can attempt to make a claim based on reverse discrimination, i.e. that the company favors Russians over Americans.
However because it is a Russian company, they can successfully defend the need for Russians over Americans and justify the switch from American to Russian employees by claiming (1) the need for bilingual employees, (2) employees who would have ease traveling back and forth between the two countries, and (3) ease of working with their Russian counterparts.
These (false?) justifications would bury the (actual?) discrimination being a primary factor, thus I do not know how well this would play with the jury. So it would be a weak case.
Thanks again for not shooting the messenger, in advance.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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