The whistleblower harassment lawsuit filed against Infosys Technologies has been dismissed by a judge in Alabama. The lawsuit has been dismissed even though the United States is investigating possible visa fraud that came about because of the complaint.
Jack Palmer, a consultant with Infosys, said that he was being harassed after he pointed out that the company was systemically violating U.S. visa laws. He said that the company used short-term work visas improperly because they are cheaper to acquire than long-term visas. The company used them to send their Indian workers to the U.S. to perform permanent work.
“We are extremely pleased to consider this matter officially closed,” Infosys chief executive S.D. Shibulal said. “This is a reaffirmation of our position that we did not retaliate and our view that this is a company which is built on core values.” Shibulal also said that Palmer is still employed with the company. The ruling issued by the judge does not discuss the claims of visa fraud because they are under investigation by the Department of Homeland Security and a federal grand jury.
The judge on the case, Myron Thompson, said in his ruling that the anti-American comments and threatening calls made against Palmer were ‘deeply disturbing.’ He also said that they did not seem to violate Alabama state laws for harassment. Thompson wrote in his decision that the harassment would have needed to be “so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency.”
Palmer, in the lawsuit, claimed that he was receiving threatening calls asking him, “Why are you doing this, you stupid American, we have been good to you.” The lawsuit claims that in February of 2011, Palmer discovered a note on his keyboard that said, “Jack: Just leave your not wanted here hope your journey brings you death stupid American.”
Palmer has said that he now carries a concealed gun and takes antidepressants because of the threats.
“(A)n argument could be made that such threats against whistleblowers, in particular, should be illegal,” Thomson wrote in the decision. “The issue before the court, however, is not whether Alabama should make these alleged wrongs actionable, but whether they are, in fact, illegal under state law. This court cannot rewrite state law.”
In his ruling, Thompson said that Palmer has to pay the costs of the litigation. This is just one whistleblower case filed against Infosys. The other is still active in a court in California. That lawsuit also involves an employee who informed the company and U.S. authorities about visa fraud.