I am a US citizen, and worked for a foreign company, a china based company. This company works with a US semiconductor company to develop a wafer chip manufacturing process. They continuously send their engineers with B1 visitor visa to work inside the US company. Each B1 holders comes and stays for two months around, and go back, and then another one come to US to replace. I am the only US person, I signed one year contract with them. However, after I worked about more than two months, they sent one B1 holder to replace me. I told them that B1 visa is illegal to work in the US, but they still terminate my contract, and replace me with B1 holder.
This company also steals US intellectual property. They illegally decode some US software and use them without permission. They asked me to use decoded JMP software to draw a plot. I told them it was illegal to use JMP software without permission from JMP. They chose to terminate my contract and use B1 holder to replace me. I took photo pictures as evidence about how they decode US software and steal copy rights.
I believe their fraud violates my working rights. How can I ask for compensation and punitive ?
I am sorry but it is unlikely you have legal rights to sue your former company for this. Certainly, if the company if violating the immigration laws, it may face exposure to government action against it. However, you do not have a right to sue the company for violating the immigration laws.
If you can prove you were terminated for complaining about stealing copyrights of customers, you might have a claim, but simply knowing they are doing so is not enough to give you a right to sue. The company whose copyrights have been stolen would only have standing to make such a complaint.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline