Your Legal Rights

Understand your protections when facing termination — especially when offshoring or foreign visa replacement may be involved.

Know What You're Signing

When an employer presents a termination or severance agreement, you may be giving up important legal rights by signing it. These agreements often contain waivers that prevent you from pursuing claims later — even if your job was moved overseas or handed to a foreign visa holder.

Before you sign anything, take time to understand what the document actually says. A free, confidential review can help you identify clauses that limit your options.

Free Confidential Review

Call 941-961-3046 or email info@protectusworkers.org for a no-cost, confidential review of any termination agreement or discussion about potential claims against your employer.

Spotting Offshoring & Visa Replacement

Some employers terminate American workers and replace them with non-American labor — either by moving jobs overseas or by using foreign visa programs such as H1B. Recognizing these patterns early can help you protect your rights.

Training your replacement: If you are asked to train someone who is not a U.S. citizen or permanent resident, this may signal a visa-based replacement.
Job posted overseas: When your role is advertised in another country shortly before or after your termination, offshoring may be underway.
Group layoffs with visa workers remaining: If American employees are let go while foreign visa holders stay in similar roles, that pattern warrants closer scrutiny.

When reviewing a termination or severance agreement, pay close attention to any clauses that reference the transfer of your duties to workers outside the country or to individuals on temporary work visas. Some agreements include language that releases your employer from liability related to offshoring practices, even if those practices violated federal labor protections or visa program rules. A severance offer may seem generous on its surface, but buried within the fine print could be a waiver of your right to participate in class-action lawsuits or to file complaints with government agencies. Taking the time to have the document reviewed by someone familiar with employment law before signing can preserve your ability to pursue legitimate claims.

IBM Workers: A Case in Point

In March 2016, Protecting U.S. Workers issued an alert regarding IBM's termination of a significant number of its employees. Reports indicated that affected workers faced potential replacement by foreign visa workers or offshoring of their positions.

If you were among those impacted by IBM's workforce reductions during that period, or if you have information about how those terminations were handled, your experience matters. Sharing your story can help build a broader picture of these practices.

Tell your story or reach out directly to discuss your situation.

About Sara Blackwell

Sara Blackwell teaches Employment Law at the University of South Florida in Tampa and is a published author. She has worked for large defense firms and for the United States of America for most of her legal career. Her experience informs the resources and guidance offered through Protecting U.S. Workers.

Don't Sign Away Your Rights

If you're facing termination and suspect offshoring or visa replacement may be involved, get informed before you sign.