Did You Know that USDOL Regs Require Notices before Foreign Workers Are Hired?


Posted by: Chris

The issue of foreign workers taking jobs from U.S. citizens has been raised quite frequently in the last few years. If you are ever laid off due to an employer’s decision to hire foreign workers, it’s imperative that you understand your rights. A case involving Oracle, a computer company based out of California, perfectly illustrates the rights of laid off workers who are replaced by foreign workers.

Oracle filed paperwork to sponsor two foreign workers that would hold the positions of Software Engineer and IT manager within the company. The company admitted that they had recently laid off four workers that held similar positions to the ones being filled by foreign workers. Soon after, the Department of Labor (DOL) notified Oracle that they would be auditing the application and requested documentation that showed Oracle’s recruitment efforts to fill the positions.

To comply with DOL regulations, Oracle was required to notify the recently laid off workers of these job openings. However, the DOL found that Oracle simply encouraged the laid off workers to check the Oracle website to look for job openings. This did not please the DOL, which found that the notification was inadequate because it forced the worker to frequently check the Oracle website for new openings and did not specifically mention that positions within the IT department would be available.

Oracle argued that they fulfilled the alternative notification requirements, which requires employers to inform every worker that has been laid off of current job openings within the company. In order to meet these requirements, each worker must get to choose how they are notified of the job openings and they must be notified of new job openings every month. The DOL concluded that Oracle failed to notify laid off workers on a regular basis and did not give them the option of choosing how they wanted to be notified.

What does this mean for employees? If you are laid off and your employee begins hiring foreign workers to fill the open positions, it is required that your employer notify you of the open positions. An employer cannot simply direct you to keep checking their website to see available opportunities—if you have been laid off, you deserve much more than that.

Has an employer violated one of your workplace rights? If so, get in touch with an experienced attorney at Armstrong & Vaught, P.L.C. to discuss your legal options. Call us today at 918-582-2500, or toll free at (800) 722-8880, or contact us online for a free consultation.