Immigration laws contain protections against employer retaliation and termination in situations where an employee has disclosed violations of the labor condition application (LCA) requirements or cooperated with the U.S. Department of Labor (DOL) in investigations of such violations. The LCA is part of the H1B process, and relates to wage and other employer obligations. Employers are prohibited from intimidating, threatening, restraining, coercing, blacklisting, discharging, or otherwise discriminating against employees (or former employees) who disclose LCA violations and/or cooperate in DOL investigations or other proceedings related to the LCA violations. This issue was explored recently by the Administrative Review Board (ARB) of the DOL in connection with a case involving the Veterans Administration Medical Center (VAMC) in Fargo, North Dakota. The case went in favor of the terminated employee.





