I know this question sounds a bit racist and definitely nationalistic. I don’t tend for it to be taken that way. I’m asking from a strictly legal point of view. let’s a manager has 2 direct reports, 1 h1b and 1 citizen and each report performs equally. The manager has to lay off one of their direct reports. from a legal point stand point is the manager legally obligated to layoff the h1b rather than the citizen?
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Technically, it's illegal to discriminate against either. But I am sure companies can work around it.
There’s no race involved here. I don’t know how you concluded that, but in my experience people who don’t know what racism is tend to be let go first.
Not really. Managers don’t really use immigration status to make major decisions at big tech companies
Any manager with common sense will pick the one who is a better performer so that manager looks good to the upper management.
If they are both equally good performers the employee with the higher pay will be let go.
This!
Also its never the case that 2 employees in one team are equally good. There is always a stack rank with the manager.
In most cases it is unlawful to discriminate on the basis of citizenship status. Generally, as long as folks are authorized to work, they can’t be treated differently. Where we will probably see litigation is with companies that lay off citizens, but keep non-citizens on the payroll for an additional 60-days. https://www.workplacefairness.org/immigration-status
If you could get unemployment why would you need to be in payroll?
This is just like, if you can go and work in India then why do you need to work in the US. Just bcz they get unemployment doesn't mean citizens would want to be fired.