DOL Finds in Favor of H-1B Physician in Case Against the US Department of Veterans' Affairs

Rudranth Talukdar and Harjiinder Virdee

v.

U.S. Department of Veterans’ Affairs, Medical and Regional Office Center ,

Fargo , North Dakota

U.S. Department of Labor Administrative Review Board  

The Department of Veterans Affairs’ Medical Center and Regional Office in Fargo , North Dakota (VAMC) hired doctors Rudranath Talukdar and Harjinder Virdee on H-1B nonimmigrant visas as primary care physicians beginning April 1999.  In 2000, the physicians began working on union matters at VAMC, especially activities relating to pay inequities between H-1B nonimmigrant physicians and other VAMC physicians.  Through their union work, the two became the leaders of a physician pay study.  

In January 2001 the Department of Labor’s Wage and Hour Division began investigating the VAMC’s H-1B nonimmigrant physician pay practices in response to a complaint filed by one of the VAMC’s H-1B physicians.  Doctors Talukdar and Virdee participated in the DOL’s investigation and represented the complaining physicians.  By this time, the two had become legal permanent residents of the United States .  

On March 20, 2002, the DOL determined that the VAMC had violated the INA’s H-1B provisions by failing to pay the applicable prevailing wage to ten H-1B nonimmigrant physicians. VAMC was ordered to pay these physicians back wages totaling in excess of $200,000.00.  This decision was highly publicized, and resulted in a lot of negative press for the VAMC.  

According to Doctors Talukdar and Virdee, from March to May 2002, they began facing increasing hostility at the VAMC.  After an extremely hostile staff meeting in May 2002, Dr. Talukdar was afraid to return to work and took sick leave.  He was then informed that his employment had been terminated.  Dr. Virdee’s employment was also terminated two months before her contract had specified.   

Both physicians felt their terminations were due to their labor union activities.  When asked, the VAMC informed the physicians that their employment had been terminated due to budget constraints.  However, no other physicians were terminated at this time.  Additionally, no other changes were made to the VAMC’s financial practices and new physicians were hired to replace Doctors Talukdar and Virdee.  

On June 3, 2002 Doctors Talukdar and Virdee filed a complaint with the DOL alleging that the VAMC had terminated their employment because of their cooperation with the DOL’s investigation.  The Department of Labor’s Wage and Hour Division Administrator investigated the complaint and found no violation of the INA.  Doctors Talukdar and Virdee then requested a hearing, and an Administrative Law Judge (ALJ) found that the physicians had engaged in activities protected by the INA’s employee protection provision and that VAMC had taken adverse action against Talukdar and Virdee.  The ALJ awarded Doctors Talukdar and Virdee several forms of relief, including reinstatement and back pay.  The VAMC then appealed this decision to the U.S. Department of Labor Administrative Review Board.  

As Dr. Virdee settled her claim against the VAMC in April 2006, the Administrative Review Board made its decision regarding Dr. Talukdar only.  The Board found that because Dr. Talukdar was covered by the employee protection provision of the Immigration and Nationality Act, the VAMC violated that provision by ending Dr. Talukdar’s employment in retaliation for his cooperation with the DOL investigation.  The Board affirmed the ALJ’s decision and ordered the VAMC to reinstate Dr. Talukdar and pay him his back pay.

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