CASES OF INTEREST click here to go back to the Cases of Interest         IMMIGRATION: EMPLOYMENT LITIGATION ISSUES Issue: Summary Judgment is warranted where statute does not provide a private right of action for immigration violations against employers.     Issue: Summary Judgment is warranted where statute does not provide a private right of action for immigration violations against employers.   In re RAGHUPATHI RAO, Plaintiff, vs. COVANSYS CORPORATION, a/k/a COMPLETE BUSINESS SOLUTIONS, INC., a Michigan corporation, Defendant.., 2007 U.S. Dist 06 C 5451 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION Q.1 Former H1B employee sought damages from employer for breach of fiduciary duty, breach of contract, and promissory estoppel under Illinois state law.? A. The court granted the employer summary judgment summary because: 1. The company did not owe the plaintiff any fiduciary duty since the employee had no right to control the company either in the context of preparing the filings it submitted in support of the H-1B petitions or in determining what job duties the plaintiff performed. 2. Any promise to the government that one will not behave in an illegal manner triggers no detriment to the promising party. Thus, the employer's application was not sufficient to constitute contractual consideration. The visa proceedings did not give rise to any contract for the plaintiff's benefit that could later be breached if his employer did not employ him as stated in the application. 3.Rao's actions in moving to California were undertaken voluntarily, not in reliance upon any unambiguous promise by employer in breach of any promissory estoppel. back to the top