Indian IT Companies Better Watch Out For This Man

The software services industry in India, which is worth $1.5 billion, would not know who Daniel Kotchen was if he did not start about six lawsuits, two of which involved Tata Consultancy Service - the biggest software exporter.

Last month, Kotchen & Low - his company and the Washington DC-based attorney submitted the most recent lawsuit agaisnt TCS - the Mumbai-based corporation accusing it of discrimination against US employees.

Until now, Kotchen has submitted seven suits on class action against the six largest Indian IT services firms. In 2013, the first lawsuit aimed at Infosys, followed was TCS in 2015 and in 2017 the two objects were Tech Mahindra and HCL Technologies. The mentioned above cases have not been decided yet but November dues a hearing for the lawsuit with TCS.

Kotchen will obtain millions of dollars from the Indian outsourcing companies if he wins. More than that, the company’s reputation could also be affected badly. Especially, they’re in the battle with the rising threat of protectionism in the US - their largest market. In general, India’s top outsourcers recruit more than one million people all over the world and most of them are Indians.

Kotchen told ET in an interview via telephone that in this area, their practice is dedicated to protecting rights of employees and themselves whether they own visa or hired locally. His company has run for 10 years now and as listed on its website the company has 5 attorneys.

Kotchen did not begin leading a campaign against Indian IT companies. The man with a law degree from the University of Wisconsin said that their name was known popularly and others began to take us to other cases.

In November’s first week, the action against TCS will be started with a jury trial. Employees from Southern California Edison were grouped as a class which has been certified. TCS failed to have the court limit  the case to moneytary damages. 

Kotchen narrated that while firms strive to dismiss the cases completely, precedents from other cases of discrimination filed against Indian IT companies have been used by judges on denial of those request and he would not be the one suitable for inquiring about a settlement.

Kotchen said that it would be the most appropriate to ask the company. A request sent last Thursday seeking for comments could not rouse TSC’s response.  Deputies of Wipro, Tech Mahindra, and Infosys abolished discrimination’s allegations and uttered they deserve equal chances as other employers. Such three companies claimed that they would face the actions firmly. HCL Technologies didn’t reply emails and messages whilst Cognizant refused to comment.

Kotchen stated that he doesn’t hunt for customers indicting the Indian IT companies for discrimination, elucidating that “they come to us.” He said they had another attorney bringing the case to them because of their experience in one case.

His company named Kotchen and Low gained the $220 million settlements for his customers, according to the statement on the company’s website. Moreover, the company has pleaded for involved suits worth $1 billion at most. Kotchen has a background of dragging large corporates into court who previously worked at the Federal Trade Commission as a trial attorney. He was a member of inspection towards healthcare providers and pharmaceutical firms.

For Kotchen, pecuniary damages are imperative. He confirmed to ET that if his company can’t secure clients damages, it will not get remuneration. Working on contingency is the practice that allows employees to plead against large corporations without the need of spending money directly. The expense accounts for 33%-45% of the last settlement.

It’s normal when law companies specialize in class action suits aiming at distinct industries. Legal experts have the view that law firms representing employees and filing a lawsuit in the United States are normal. Poorvi Chothani, managing partner with immigration firm Law Quest International said there is a tendency that automobiles or pharma are industry section representing employers in employment disputes focused by many American law firms but some focus on rights for employees.

However, IT executives asked for the stimulus of the law firm. And a senior executive working for an Indian IT company gave an answer , he claimed they are ambulance chasers, they spend their time on seeking for people and request them to file suits. They are stimulated and it likes a pain in the neck when fighting againts them.