H1B Lay offs and legal actions

[muddurb]

I worked (on H1B) for company X.

I was layed off on 10 may 2002.

I have the following question for the forum members:

1: We are expecting a baby in the next month (another 4 - 6 weeks timeframe), and my manager was very well aware of this fact at the time of the layoffs.

This is causing lots of unexpected problems/concerns to my family.

Since I don't have any other job as of now, Is there any possibilities of legal actions that can be taken against this company X, based on the fact that due my wife's pregnancy, we can not travel and get out of USA even if we want to ?

[muddurb]

I have an additional question ...

1: My understanding is that, the company hiring the foreign workers is responsible for the employees legal status in the country and to make sure their safe exit from USA in case they don't have any projects. Based on this and the current special situation now I'm in that is on medical grounds I can not travel even if I want to
anywheree, is there a way to sue this company for putting me and my family in big dilemma ? Can I sue them for a hefty severence amount ? Right now the severence they anounced is not even peanut size. (almost nothing).

[Preetika]

Unfortunately not.

I'm very sorry to hear about the layoff and your situation. I have done a lot of research on this as my husband also just got laid off and the severance is not much. What I have found in this situation is that you can stay here in the US till you have the baby but find out about your health insurance and see to it that you are covered. Look at your employment contract with the company. Does it mention that they would provide you with anything that they have not done and you have proof of that? Like have they mentioned that they will pay you a cerain amount of severence? Note on how long they would employ you. anything like that. If not then they are not liable for anything and suing them would not be a good way to go. You could still go to a lawyer with all your paperwork and take some kind of advice and looking at your employment contract he could give you better advice.
As far as your boss knowing full well that you are having a baby and still laying you off is concerned, he can always deny it or say that you were not a "valid asset" to the company at that time and hence he had no choice. which is what a lot of companies say.

I'm sorry but I hope this helps.