01/21/2020
*** The O'Brien Law Firm successfully defends an exploited Indian H-1B visa worker in Court ***
On January 6, 2020, the O'Brien Law Firm represented Mahesh, an H-1B visa worker from India, who was being sued by Software Global, in a trial in Travis County Court-at-Law No. 2. It appears that Software Global has been engaging in a pattern of promising a job in the United States to Indian workers, on an H-1B visa basis, but having no job for them when they arrive. Software Global would require them to find their own work elsewhere, and then as the visa sponsor, skim a cut of their wages. Software Global would also require these Indian workers to sign a contract agreeing to pay Software Global tens of thousands of dollars - in this case, $35,000 - if they leave Software Global within one year's time.
Mahesh flew here to Austin from India in 2016, with no US credit card, and no US phone, but ready to work. But there was no job, and he was expected to live in a one-bedroom apartment with 2 other Indian H-1B visa workers while he searched for one. Software Global refused to pay him (although federal law required it) during this period of time, until Mahesh found work on his own. It took 7 weeks to find, and that job was in Georgia. A few months later, when Mahesh's former employer offered him a job with new visa sponsorship in San Diego, he moved on. Software Global then sued him for $35,000 - far more than Software Global had paid him for his 4 months of work.
During the case, the O'Brien Law Firm filed a complaint with the US Department of Labor, who ultimately ordered Software Global to pay Mahesh $12,000 in back wages. But Software Global still pursued the case for the $35,000 in liquidated damages to court. The gall. But fortunately, they lost.
We believe that this case was a test case for the company - they were determining the degree to which they could enforce this liquidated damages clause against other H-1B visa workers it lures over here, on false pretenses - in other words, how much further the company could exploit them. But the Court said no, and dismissed Software Global's claims in their entirety.
Mahesh is a kind, hardworking Indian national who didn't deserve to be treated like this. Needless to say, he was ecstatic and relieved when he learned of the result - that the U.S. justice system had done the right thing, for his behalf, and now he could move on.