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IT Firm Infosys and "Whistleblower" Palmer in Pre-Trial Mediation

Tuesday, July, 24, 2012


IT consultancy firm Infosys and whistleblowing employee Jack Palmer are set to go to pre-trial mediation. Whether this can be considered workplace mediation, or something more legally weighty, both parties seem to be hoping to avoid the August 20 court date if at all possible.

 

The current case is Palmer vs. Infosys. He claims that the company harassed him after he helped "blow the whistle" on what he saw as work visa violations in 2011.


Why are Mediation Services Even Necessary?

 

In January 2011, Infosys employee Jack Palmer reported what he believed to be visa and tax law violations on the part of his employer Infosys.

 

Among his claims is the claim that the company discussed "creative ways to get around the limitations on the types of visa it used. It is allowed to use the B1 visa to bring in employees from India and other parts of Asia.

 

The requirements for the B1 visa stipulate that employees must typically have a bachelor's degree or equivalent in order to obtain this work visa.


Why is The B1 Visa so Important to Infosys?

 

Infosys's employees are 1% from the United States, 98% from India and other Asian countries, and 1% from elsewhere. At the time of the charges, the company employed over 15,000 foreign nationals in the United States.

 

There are no recent figures as of July 2012, but that number is suspected to be roughly the same.


Beyond Workplace Mediation and Into Legal Territory

 

Palmer alleges that the company intentionally tried to "get around" the requirements for the B1 visa, claiming that one method they used to do this was to "flood the consul with many applications all at once."

 

He claims that the company did this both to fill new positions quickly, as well as to save money "during a time of economic volatility and crisis" when the company's stock tripled.

 

Palmer brought the IRS, the State Department, and even the Department of Homeland Security in on the action.

 

The current case is Jack Palmer's personal case against Infosys, claiming he was harassed and subjected to other unfavorable treatment after the whistle blowing incident. Unless an agreement can be reached through mediation, jury selection on the case will begin August 20.