Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have been off from my job.becase of reduction in force,

Hi, I have been...

Hi, I have been laid off from my job.becase of reduction in force, they gave me servance package to sign

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

However, they are people in office with H1B visa & EB2 & L1 visa

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes I am at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My question is this that company can keep alien worker & layoff us citizen?

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
5/19/2018
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,326
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Legal Question
Customer reply replied 3 months ago
Hi

Good evening,

At will employees may be terminated at any time, with or without cause. So yes, it is legal for an employer to decide to lay off citizens and keep other alien employees. Unless the employer was terminating you for an unlawful reason (e.g., because of your race, religion, age, sex, disability or national origin, for example) this is permissible.

Ask Your Own Legal Question
Customer reply replied 3 months ago
As I know when company file for alien visa they should say that they didn’t have lay off & they are shrtage on workforce
Customer reply replied 3 months ago
Is it true?
Bill Attorney
Category: Legal
Satisfied Customers: 2,810
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your immigration law question today.I'm attorney Bill assisting you with this question. For work sponsorship of visas to come to the US a condition of sponsorship is that the alien have a specialized skill not readily available in the US .

When applying for a h1b visa for these employees your employer cannot displace US citizens already employed or laid off within a certain amount of time and the employee conditions shouldn't be effected by aliens working in your workplace.

Your employer was required to file a labor condition application with the Department of Labor to sponsor these employees so you could file a complaint where you believe that your employer is employing aliens to displace employees at your workplace.

https://www.dol.gov/whd/howtofilecomplaint.htm

We are here to help so please follow up with me as required.

I'm an independent legal expert and get a credit for my time after you take the time to leave positive feedback today.

You do this by rating 5*****, 4**** or accept.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,810
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 2,810
2,810 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Are there any alternatives to H1b visa. I am on my F-1 visa
I am on my F-1 visa and working on my OPT EAD. This year I have applied for my OPT STEM extension … read more
KLAW
KLAW
Juris Doctorate
2,392 satisfied customers
I have a question about pension benefit reduction due to
I have a question about pension benefit reduction due to layoff. I had worked for a company since 1983 and although we were purchased by another company in 1991 they carried my seniority date from 198… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I am legally sponsored to work at American Samoa by a local
I am legally sponsored to work at American Samoa by a local company which has a mother company in FLorida, USA. May I be petitioned by the mother company in Florida so that I can get an H1b visa and a… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
"To Socrateaser" When a company says we are eliminating ones
"To Socrateaser" When a company says we are eliminating ones position as part of a large scale job reduction what exactly does that mean? What is the company expected to do or precluded from doing? Ca… read more
socrateaser
socrateaser
1,031 satisfied customers
My co worker and I were laid off on Friday and we think we
My co worker and I were laid off on Friday and we think we my have been replaced by non us citizens. I have a severance package to read and would like to talk to someone to make sure I am signing a do… read more
NYLAWLADY
NYLAWLADY
attorney solo practice nyc
Doctoral Degree
685 satisfied customers
I was in USA working from 1997 to 2004 and had my GC processed
I was in USA working from 1997 to 2004 and had my GC processed by my employer; Iwent back home for taking care of ill mother in 2004 January; my mom passed away in Feb 2005; My SB-1 was denied in Apri… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I was laid off three weeks ago from my company along with several
I was laid off three weeks ago from my company along with several others (direct employees) due to a "Workforce Reduction". The problem is since the company has obtained new work they have decided to … read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
i am currently working with company A on H1b that is valid
i am currently working with company A on H1b that is valid until sept. 2010. I am working with them for 2 years and signed another one yearextensipn as they promised they will start with eb2 petition.… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I along with a co-worker was laid of from my job last Thursday
I along with a co-worker was laid of from my job last Thursday November 11, 2009. I was on an HI-B visa sponsored by the same company. We both had been employed for 2.5 years in Georgia and had clean … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hi, I work for global energy company in California. I am on
Hi, I work for global energy company in California. I am on sick leave after kidney stone removed surgery with complications. Can they do that legally? Do I have grounds for a compensation claim? Than… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
I was told I was being laid off and was given 60 days notice.
I was told I was being laid off and was given 60 days notice. Two weeks before my last day, they told me the lay off was put on hold for another two months. Now the lay off is on hold indefinetely. Ca… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I am currently on a medical LOA/FMLA. I was just notified
I am currently on a medical LOA/FMLA. I was just notified that when my doctor has released me to return to work, that I will be laid off due to a work force reduction. Is this legal?… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
I been at my job for over 5yrs and thee last 2months I been
I been at my job for over 5yrs and thee last 2months I been I medical leave and I'm going to have 3surgery with in the next 2months and yesterday my job called me to let me know that they had a laid o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I was laid off yesterday due to eliminating my position. Is
I was laid off yesterday due to eliminating my position. Is is better to collect unemploment or do I take a servance package of 8,400?… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
a follow up to my previous question what is the chance ...
a follow up to my previous question: what is the chance that a business will be required to close due to hiring one illegal alien?… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
I was recently laid off from my job in due to acquisition ...
I was recently laid off from my in California job due to acquisition and I have not yet signed my emplyee departure agreement. The reason offered fro my being laid off was my "Job was terminated" yet … read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers
I am currently on a H1 visa, and I am going to be laid ...
I am currently on a H1 visa, and I am going to be laid off in 2 weeks. How long do I have to find a new job with a company to sponser me before my H1 expires? Also, I have a visitors visa that is vali… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
I was laid off from my job on December 14, 2006. I ...
I was laid off from my job on December 14, 2006. I was given a severence package with a 5 page document that I was given until the end of January to return. Yesterday I received a call from the compan… read more
CA Lawyer
CA Lawyer
President, Law Office of Jeff D. Hoffman
Juris Doctor
46 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x