O’Brien Law Firm protects exploited H1-B visa worker at trial
On January 6, 2020, the O’Brien Law Firm represented an H-1B visa worker from India, who was being sued by Texas-based company Software Global, in a trial in Travis County Court-at-Law No. 2. It appears that Software Global has been engaging in a pattern of promising a job in the United States to Indian workers, on an H-1B visa basis, but having no job for them when they arrive. Software Global would require them to find their own work elsewhere, and then as the visa sponsor, skim a cut of their wages. Software Global would also require these Indian workers to sign a contract agreeing to pay Software Global tens of thousands of dollars – in this case, $35,000 – if they leave Software Global within one year’s time. It took the firm’s client 7 weeks to find work (he had to move to Georgia to take the work) – and Software Global refused to pay him for those 7 weeks even though federal law required it. After the firm’s client returned to his previous employer after this terrible experience, Software Global sued him for $35,000 and $24,000 in attorney fees.
During the case, the O’Brien Law Firm filed a complaint with the US Department of Labor, who ultimately ordered Software Global to pay the firm’s client $12,000 in back wages. But Software Global still pursued the case for the $35,000 in liquidated damages to court. Fortunately, the judge disagreed and denied the company’s claim.
The firm’s client is a kind, hardworking Indian national who didn’t deserve to be treated like this. Needless to say, he was ecstatic and relieved when he learned of the result – that the U.S. justice system had done the right thing, for his behalf, and now he could move on.