Showdown With Sun Microsystems

Date: Thursday, December 12, 2002 6:17 PM

H-1B and JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

The last thing Sun Microsystems needs is to have a real expert testify
against them. Hopefully Dr. Norman Matloff will get his chance. Here is what
is going on in his words:

There will be a hearing on Monday, December 16, in the matter of
Santiglia v. Sun Microsystems at the DOL Office of the Administrative
Hearing Judge Courtroom, 50 Fremont St., Suite 2100, San Francisco,
beginning at 9 a.m. The phone number is 415-744-6677. I am not sure yet
whether the hearing is open to the public.

I will be an expert witness in the case. Or, I should say that I am
scheduled to be an expert witness; Sun has filed a motion to disqualify
me. I would be very surprised if the motion were granted, though.

Mr. Santiglia was laid off by Sun, yet Sun hired H-1Bs with the same job
title just before and just after he was laid off. I believe that Sun
concedes this, as it is a matter of public record. However, they claim
they were within the law, and indeed Sun does not qualify as
"H-1B-dependent", a legal term under which hiring H-1Bs during layoffs
is forbidden. On the other hand, Mr. Santiglia is claiming that Sun did
break other laws, in a willful manner, with substantive impact on him
and others. If he were to prevail, Sun could be debarred from hiring
H-1Bs for an extended period of time.

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