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@ 2012/08/22Accusations that Infosys harassed an employee after he claimed the company smuggled Indian workers into the US have been dismissed by the court.
The company was issued with a lawsuit and investigation after Jack Palmer blew the whistle on the firm claiming that it had misused US issued B1 Visas in a bid to get cheaper labour in the country by paying Indian workers minimum wage.
Jack Palmer also claimed that the company had ignored the fact that it could have found local IT specialists to do what it was bringing poorly paid foreign workers in to do. There have been similar claims in the UK.
Following the claims, Mr Palmer also accused the company of harassment and "deeply troubling threats".
However, Judge Myron H Thompson ruled in an Alabama court that the company was clear of any wrong doings, meaning the harassment case will now not go to trial before a jury.
He said he had reached the decision as a result of many factors, including that as an at-will employment, "absent a contract providing otherwise, [an] employee may be demoted, denied a promotion, or otherwise adversely treated for any reason, good or bad, or even for no reason at all".
However, he took note of the alleged threats - which included Mr Palmer's claim to receiving a note on his PC that said "hope your journey brings you death stupid American" - finding them "troubling".
He said in a statement: "Without question, the alleged electronic and telephonic threats are deeply troubling. Indeed, an argument could be made that such threats against whistleblowers, in particular, should be illegal.
"The issue before the court, however, is not whether Alabama should make these alleged wrongs actionable, but whether they are, in fact, illegal under state law. This court cannot rewrite state law."
Infosys is still under investigation by the Department of Homeland Security and a federal grand jury for the claims of visa misuse and smuggling.
The company was issued with a lawsuit and investigation after Jack Palmer blew the whistle on the firm claiming that it had misused US issued B1 Visas in a bid to get cheaper labour in the country by paying Indian workers minimum wage.
Jack Palmer also claimed that the company had ignored the fact that it could have found local IT specialists to do what it was bringing poorly paid foreign workers in to do. There have been similar claims in the UK.
Following the claims, Mr Palmer also accused the company of harassment and "deeply troubling threats".
However, Judge Myron H Thompson ruled in an Alabama court that the company was clear of any wrong doings, meaning the harassment case will now not go to trial before a jury.
He said he had reached the decision as a result of many factors, including that as an at-will employment, "absent a contract providing otherwise, [an] employee may be demoted, denied a promotion, or otherwise adversely treated for any reason, good or bad, or even for no reason at all".
However, he took note of the alleged threats - which included Mr Palmer's claim to receiving a note on his PC that said "hope your journey brings you death stupid American" - finding them "troubling".
He said in a statement: "Without question, the alleged electronic and telephonic threats are deeply troubling. Indeed, an argument could be made that such threats against whistleblowers, in particular, should be illegal.
"The issue before the court, however, is not whether Alabama should make these alleged wrongs actionable, but whether they are, in fact, illegal under state law. This court cannot rewrite state law."
Infosys is still under investigation by the Department of Homeland Security and a federal grand jury for the claims of visa misuse and smuggling.
