In a development that may illustrate the pervasiveness of the visa fraud alleged by Infosys Technologies employee and whistleblower Jay Palmer, current and former Infosys employees have contacted Palmer and his attorney to inform them that they, too, have witnessed what they claim to be illegal activity on the part of Infosys.
Palmer's attorney, Kenny Mendelsohn, told me on Tuesday that around 10 current and former Infosys employees had approached either Palmer or himself to provide information in support of the visa and tax fraud allegations contained in Palmer's lawsuit against Infosys:
There are some employees that have attorneys - some are looking at possible claims. Some just want to disclose information that they have about specific violations. There are about 10 that have information that supports Jay's claims. These are people who have witnessed violations relating to the B-1 program and the H-1 program at Infosys. They have provided me with information that will help me further prove it. [They're] informing me about documentation that I can obtain once we get into the discovery stage of the lawsuit. I don't have at this time any specific documents from them, but I do have information that will help me obtain some critical documentation that will further support the case. It gives me the names of more people I can contact who can provide information, to either have them arrange to testify or subpoena them if they don't cooperate. But there are certain people I now know about who can confirm more violations. It's been very informative to me, I can say that.
Infosys' motion for the case to go to arbitration rather than federal court, to which Mendelsohn has filed an objection, is pending before a federal judge in Alabama. Once that decision is made, the discovery phase of the proceedings can begin, Mendelsohn said. Regardless of whether the case goes to arbitration or federal court, some of the employees who have reached out to Mendelsohn are prepared to testify against Infosys:
I've had a couple who have said they can't get involved. But some of the others have indicated to us that if they are subpoenaed, they will testify truthfully. I can't force out-of-state witnesses to come to court in Montgomery, Alabama. But there is a procedure where I can subpoena an unwilling person to testify in their home state, or the willing ones to testify in their home state if they're not willing to come here. So yes, there are methods to depose out-of-state witnesses. If it's arbitration, we have to go about it a slightly different way, but it's still the same effect.
It's encouraging that despite the harassment and retaliation they've seen Palmer subjected to since he filed the whistleblower complaint and ultimately the lawsuit, some other Infosys employees have had the guts to come forward. Whether they were inspired by the remarkable courage Palmer has shown throughout his ordeal, or simply felt compelled to do the right thing, they are to be commended. Hopefully, they'll inspire others to do the same.