I am not condoning Xcel. Most of the things they did were pretty awful to their employees. Yet certain things might be very hard to do:
- The Employer should pay the beneficiary the Labor condition application wage or a higher wage if the employer is paying another employee with similar qualifications and experience a higher wage.
- Post the notice of the labor condition application in 2 conspicuous place, and document it. Yes, when you are an H-1B employee we don’t grant you the right to privacy about your wages. Although many employers hate to do this to their employees, they have to. Also they are supposed to keep the labor condition application and the Wage Determination in a file for public inspection.
- If the business is H-1B dependent, there are further restrictions. Not only does the business have to attest that no US Employee was fired in order to employ that H-1B employee, but also make sure that no Us Citizen was fired at an end client location. This can be done by e mailing the end client. If intermediate vendors prohibit contact with end clients, the employer should at least ask the intermediate vendor to make that request hopefully in an e mail.
- And finally the Department of Labor will pierce corporate veil to assess monetary damage on the individuals if the finances of the corporation and the individuals are not kept completely separate.