A federal judge in Alabama on Monday dismissed a lawsuit by an American employee of Infosys, the Indian outsourcing company, who claimed “he was harassed and sidelined after he reported what he believed was visa fraud by managers there,†Julia Preston wrote in The New York Times.
Judge Myron H. Thompson of federal court for the Middle District of Alabama ruled that the “allegations by the whistle-blower, Jack B. Palmer, did not meet the standard under Alabama law for a worker to claim negligent or outrageous mistreatment by an employer,†Ms. Preston wrote. “The judge found in favor of Infosys on all six civil claims Ms. Palmer presented.â€
Judge Thompson “made it clear that he reached his conclusion reluctantly, saying the nature of the case required him to base it on Alabama statutes, not federal law,†she wrote.
The judge described as “deeply troubl ing†the threats Mr. Palmer said he received after word of his visa fraud accusations circulated within the company. “Indeed,†Judge Thompson wrote, “an argument could be made that such threats against whistle-blowers, in particular, should be illegal.â€
But, the judge wrote, “This court cannot rewrite state law.â€
Mr. Palmer claimed that he witnessed Infosys managers making widespread fraudulent use of short-term business visitor visas, known as B-1 visas, to bring workers from India to the United States for longer-term projects. The short-term visas can be obtained more quickly than other temporary work visas, and foreign workers on those visas are less costly for a company.
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