Critical situation-Reduction in force -status of H1 B employee

[Shreehari]

My friend is working on H1 B visa for an Independent School District. Due to some financial crisis the district is opting for reduction in force, (means firing some employees).

In the above situation as the teaching job originates only prior to school start. The chances of H1 B transfer are very rare.
What are other options, in case negative decision comes for this employee?

1. Can the decision be challenged being already sponsored for a period of 3 years?
2. Is the person entitled for Batch pay, if yes, what is the procedure and how much the employee gets paid?
Thanks a lot!

[txh1b]

1. No. Employer can end their responsibility to hire the employee at anytime and most of them offer a notice period just to be on the good books. Their financial obligation ends by providing reasonable return transportation fare to the employee.
2. Bench pay is for a different situation. That is when the employee has hired you but has got no work for you to do for say couple of weeks, they are required to pay you for the period.

[C4us]

The first couple of years of public school teaching are probationary. Dismissals are generally from the least senior to most senior employees. If the individual has just received a 3 year H1B, they are likely a first year teacher and would be the first to be dismissed. Guest workers would also likely be dismissed before US citizens and LPRs if they have similar qualiifications. It is only fair that US citizens be given preference since it is their home country.

The person should plan to return home if they lose their position as at this time all teaching positions are likely filled for the coming year. Of course, if they are married to a spouse on H1B or L1, they may do a COS to H4 or L2 as appropriate.

It is likely that this is covered in the contract between the school district and the teachers union.