U.S. Senator to Microsoft: Knock Off the (U.S.) Layoffs

Brian.oco 0 Tallied Votes 271 Views Share

It’s a big bag, if a mixed one, for the financial markets and for technology companies today.

Overall, the Dow Jones Industrial Average is up 42 points, buoyed somewhat by (finally) some good economic news. Check out Monday’s housing sales numbers, which unexpectedly rose off of record lows. Also, a key index of economic indicators (the Conference Board’s economic health index) also came out today and – surprise – showed the first gain in six months. Lastly, the Reuters/Jefferies CRB index of commodities has spiked upward by 5.5% - another recent high – as investors begin to make what looks like a move back into commodities.

Tech industry employees are also starting to get some direct help. Iowa Senator Charles Grassley, a Republican, is annoyed that when Microsoft announced 5,000 layoffs last week, the computer giant kept much of its overseas staffers safe and focused its job cuts on Microsoft employees here in the U.S.

Today, Grassley’s office released a letter the Senator wrote to Microsoft recommending that Microsoft back off on its U.S.-weighted layoff strategy. In that letter, Grassley said "I am concerned that Microsoft will be retaining foreign guest workers rather than similarly qualified American employees when it implements its layoff plan." . . . “"Microsoft has a moral obligation to protect these American workers by putting them first during these difficult economic times."

Grassley didn’t screw around with any Microsoft underlings, sending his letter directly to Microsoft CEO Steve Ballmer. Grassley, despite being in the GOP minority, still wields political clout as the top Republican on the U.S. Senate Finance Committee. In specific, Grassley plays a big role in determining how many H-1B visas are granted - documentation that allows foreign workers to come work in the U.S. Microsoft is a huge fan of such visas, as the company is heavily dependent on such visas for its work force. If Grassley wants to, he can make life difficult for Microsoft in that regard, so you have to wonder how Microsoft will respond to his letter.

Lastly, the National Association for Business Economics is out with a report signaling the worst economic climate since 1982. According to the NABE, 39% of NABE's forecasters predicted job reductions through attrition or "significant" layoffs over the next six months, up from 32 percent in the previous survey in October. The NABE says that roughly 45 percent in the current survey anticipated no change in hiring plans, while roughly 17 percent thought hiring would increase.

The report isn’t exactly bullish on future job growth. "Job losses accelerated in the fourth quarter, and the employment outlook for the next six months has weakened further," said Sara Johnson, NABE's lead analyst on the survey and an economist at IHS Global Insight.

On the technology front alone today, big pharma’s Pfizer and telecom giant Sprint announced big layoffs, each cutting 8,000 jobs. And last week, Microsoft, as mentioned above, announced it would slash 5,000 jobs and Intel said it would cut 6,000 more positions.

Yikes. The first quarter of ’09 just can’t end fast enough.

Dani AI

Generated

This thread documents the January 2009 announcement that Microsoft would reduce headcount (up to 5,000 positions) and the follow‑up Capitol Hill scrutiny after Senator Charles Grassley pressed the company about whether U.S. workers were being displaced in favor of visa holders. ’s summary captures the political reaction; Microsoft later published a formal reply explaining the timing and composition of the reductions. (computerworld.com)

Practical legal context that matters but is often missed: employers are not free to pick workers for layoff based solely on citizenship. H‑1B program rules require employers to file Labor Condition Applications and — for H‑1B‑dependent or willful‑violator employers — to make additional attestations about non‑displacement and U.S. recruitment (including the 90‑day displacement window). Those LCA requirements shape what employers can lawfully do when hiring or replacing workers under H‑1B rules. (dol.gov)

Antidiscrimination and notice rules also constrain choices. Title VII (and related INA anti‑discrimination provisions) prohibits adverse employment actions that discriminate on the basis of national origin or have that effect; treating visa status as a proxy to disadvantage particular national‑origin groups can trigger EEOC or DOJ claims. Separately, large employers must consider WARN Act notice obligations when planning mass layoffs. (eeoc.gov)

A few takeaways for readers piecing this together years later: ’s blunt point about “replacing Americans with H‑1Bs” reflects one view, but it ignores the statutory and regulatory limits and the practical immigration consequences for visa holders. Employees who suspect unlawful selection criteria should preserve documentation of performance and selection metrics and seek counsel (HR, EEOC/DOL, or private counsel). Visa holders should act fast — termination affects immigration status and there are limited options (including USCIS’s discretionary up‑to‑60‑day relief in some cases) — so get immigration advice immediately. (uscis.gov)

Rashakil Fol 978 Super Senior Demiposter Team Colleague

Laying off bad American employees and replacing them with good H1Bs is a good thing.

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