posted on November 9, 2003 07:28:25 PM new
Illegal Immigrant Workers Sue Wal-Mart
FREEHOLD, N.J. - Nine illegal immigrants who worked as janitors at Wal-Mart until they were arrested during federal raids last month have sued the company, accusing it of discrimination.
The nine say they were paid lower wages and offered fewer benefit because they are Mexicans, and they accuse Wal-Mart and its cleaning contractors of failing to pay for overtime, withhold taxes or make required workers' compensation contributions.
Their lawsuit, filed Wednesday in Superior Court in Freehold, seeks more than $200,000 in back pay.
The plaintiffs, who now face deportation, were among 250 people arrested in an Oct. 23 federal immigration crackdown at 60 Wal-Mart stores in 21 states. Theirs is the first lawsuit among the immigrants arrested.
According to the lawsuit, Wal-Mart employed cleaning contractors "with full knowledge" that they paid illegal immigrants less than legal workers.
"Wal-Mart must have known about these violations," the immigrant's lawyer, Gilberto Garcia, told The New York Times. "If these people are going to work at Wal-Marts, then Wal-Mart and its contractors should abide by the labor laws."
Mona Williams, Wal-Mart vice president of communications, said the company did not know about the alleged labor violations or that the contractors used illegal immigrants. She said Wal-Mart has long insisted that its contractors obey the law.
"Clearly, hungry lawyers are converging on these illegal immigrants as if they were accident victims," Williams said. "We have seen absolutely no evidence showing that Wal-Mart did anything wrong."
She acknowledged that Wal-Mart has received a letter from federal prosecutors warning that it faces a grand jury investigation into illegal immigrants employed at its stores. An employer can face civil and criminal penalties for knowingly hiring illegal immigrants or failing to comply with certain employee record keeping regulations.
The plaintiffs say they worked at least 56 hours a week and were not paid time and a half for overtime, hours worked beyond 40 a week. They say they were paid $350-$500 a week.
Wal-Mart, the world's largest retailer and the largest private employer in the United States, has 1.1 million domestic employees and about 3,500 stores.
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LOL, if it weren't pathetic it would be funny...
Illegals suing for low wages... deport their illegal a$$es and be done with it....
But guess trying to get some travelling money is a no lose situation for them. If they win hopefully the IRS will take a LARGE chunk, so they learn what it is like to pay taxes.
posted on November 9, 2003 09:06:03 PM new
Under IRS regulation a person being paid under the tables entire tax liability is the responsibility of the employer not the employee. This gives the employee the incentive to turn in the employer. Wal-Mart's management should be held accountable for all civil and criminal penalties in this case. Not only do they lobby against the raising of the minimum wage they employ a class of employees that are paid below that level.
Anything for a dollar it's the Wal-Mart way.
Republican, the other white meat!
[ edited by davebraun on Nov 9, 2003 09:08 PM ]
posted on November 9, 2003 10:58:11 PM new
If they dealt with more reputable companies & didn’t encourage ‘illegals’ by contracting companies that employ them, then they wouldn’t have this problem.
http://theawfultruth.com/lamigra/
“The law now requires employers to request proof of legal residence in the US, and file I-9 documents with the gov't showing this. Many employers, however, only ask for this proof when their employees try orgainzing. “
In one of his shows, Michael Moore; Went after and 8itch slapped a Holiday In Franchise.
The Holiday In reported a bunch of employee ‘illegals’ to INS, only after some employees tried to form a union.
‘Brother_Mike’ (praise the Lord), covertly, took in independent fire and health inspectors and gathered evidence of building and health and safety violations and reciprocated by reporting the Holiday In to the relevant authorities.
Brother_Mike’s efforts assisted in having Green cards issued to the ‘illegals’ and the particular Holiday In (appart from bad press) also incurred expenses to building improvements, blood stained linen upgrades, spa bath (closures, from memory) and health upgrades.
I Think I could Hear Them Squealing From Here. LOL
Hear some of the show in QuickTime http://www.igc.org/dbacon/Imgrants/07immwrk.html
posted on November 10, 2003 07:33:55 AM new
They weren't paid less because they are Mexican. They were paid less because they are illegal aliens.
And they have no rights. They are not citizens or immigrants who are here legally.
Deport them and put an end to the matter.
uedited for UBB
Censorship, like charity, should begin at home; but unlike charity, it should end there --Clare Booth Luce
[ edited by bunnicula on Nov 10, 2003 07:47 AM ]
posted on November 10, 2003 08:07:17 AM new
I was not aware that you have to be a citizen of the US to utilize the legal system.
BTW - There is an obvious sign of the non US citizenship in the amount of their lawsuit. 9 people sueing for a total of $200K - if they were true Americans that amount would be at least 2 million.
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If it's really "common" sense, why do so few people actually have it?
posted on November 10, 2003 09:04:25 AM newIF they were to win, they would learn all about the IRS... that in itself would be funny... they might take home 20k
posted on November 10, 2003 10:01:08 AM new
Somehow this is supposed to be anti Walmart. If I hire a roofer, it is not my job to see if his employees have their truck registrations up to snuff or paid their union dues. This has nothing to do with Walmart. Sounds like lawyers trying to extort money.
posted on November 10, 2003 10:26:20 AM new
It just seems so unfair that illegal immigrants can FIND a lawyer, for free no doubt, yet I know a group home for girls that cannot get representation against staff for sexual harassment, and they are minors/citizens.
GO FIGURE!
posted on November 10, 2003 10:40:33 AM new
In a recent survey, (cannot locate the link @ the moment). the second highest EXPORT from the USA is money from illegal alliens to Mexico. The total amount is $14,000,000,000 (thats 14 BILLION dollars per YEAR.
The only rights illegal alliens have in the USA, is the right to be deported.
"Another plague upon the land, as devastating as the locusts God loosed on the Egyptians, is "Political Correctness.'" --Charlton Heston
posted on November 10, 2003 10:44:09 AM new
Bear - the second highest what? I think you left out a very important part of that post.
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If it's really "common" sense, why do so few people actually have it?
posted on November 10, 2003 10:48:46 AM new"Somehow this is supposed to be anti Walmart. If I hire a roofer, it is not my job to see if his employees have their truck registrations up to snuff or paid their union dues. This has nothing to do with Walmart. Sounds like lawyers trying to extort money."
Walmart is definitely responsible in determining the status of their employees. Not many people would hire a roofer without checking his references and his insurance. But corporations don't hesitate to hire illegal immigrants knowing that they are illegal and willing to work under substandard conditions for low wages.
posted on November 10, 2003 10:53:10 AM new
Let me get this right. If one is an illegal immigrant they can then be violated in any way shape or form and the only recourse they are to have is deportation.
They are not entitled to the protection of the law.
In answer to the comment that you are not responsible for contractors hired that is not true you are wholly responsible for contractors who operate on your premises which is why you hire licensed contractors who are completely insured.
Wal-Mart is liable for the complete tax burden of these workers as well as workmans comp etc.
Republican, the other white meat!
posted on November 10, 2003 10:58:50 AM new
"Walmart is definitely responsible in determining the status of their employees."
They are not their employees.
And Dave don't expect the IRS to go after Walmart anytime soon if Acme Cleaning services Inc does not withold the right amount of income tax from THEIR employees. LOL
posted on November 10, 2003 11:03:09 AM new
Walmart knows that they have contracted with a cleaning service that hires illegal immigrants. Don't be a fool.
posted on November 10, 2003 11:26:42 AM new
Of course, I should have known...they have their ass well covered while our government prefers to pick on the defenseless.
posted on November 10, 2003 11:27:25 AM new
Small side bet? Read the tax code..I have. The IRS can go after all parties involved. If they are working for a contractor or subcontractor the party on whose behalf the service is performed is liable for compliance with all regulations both morally and legally. I understand it is absurd to mention morality in the same breath as a corporate entity but why not.
Unfortunately, as the layers increase between workers
and the employer at the top, responsibility for fair
treatment seems to decline. The usual legal notions
of "who is liable for what" start to break down. We've
seen companies like Nike and the Gap try to avoid
their responsibilities for bad working conditions at the
end of the subcontracting chain. Contractors at the
bottom pay lower wages, provide fewer if any benefits,
and are more likely to violate employment laws.
Workers suffer.
Right now, workers can only make a complaint
against the company that hires them directly. The law
doesn't allow complaints against the company at the
top, even though often it's the one that makes the
most profit from workers.
Stop Sweatshops campaigns have forced brand-name
retailers like Nike to take responsibility for labour
rights violations in its sub-contracted factories around
the world.
Companies shouldn't be able to hide behind each other. When a contractor or subcontractor violates workers' rights, companies higher up should be held responsible.
posted on November 10, 2003 11:59:30 AM newLOL, if it weren't pathetic it would be funny...Illegals suing for low wages... deport their illegal a$$es and be done with it....
I should be ashamed, but Twelvepole I must agree with you again. Talk about putting another undue drain on our court system.
posted on November 10, 2003 12:08:13 PM new
I'll have to disagree on this one. I believe that all working immigrants in this country, having taxes withheld from their salary should be legal. The responsibility to hire immigrants or not should be that of the employer.
posted on November 10, 2003 12:08:16 PM new
I don't see any shame in thinking it absurd that illegal aliens should place any burden whatsoever on American taxpayers. Deport them immediately and check if the employer violated any regs.
posted on November 10, 2003 12:17:51 PM new
Well, heck. If they were underpaid for overtime, like anyone else, shouldn't they have had a greivance from the FIRST paycheck, showing that they didn't get that overtime pay? Anyone else would.
should they sue for all this....
I agree with Cheryl.... what a (another!) drain on the courts here....
They have been legally DEPORTED... they should go home now. And yes, its probably another lawyer who is looking to make a buck off these 9.
Wanna Take a Ride? Art Bell is Back! Weekends on C2C-www.coasttocoastam.com
posted on November 10, 2003 01:55:15 PM new
NTS - I think that they have only been given citations, they have not yet had their deportion hearings.
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If it's really "common" sense, why do so few people actually have it?
posted on November 10, 2003 02:51:19 PM new
When defending them, let's not forget the word used to describe them illegal. They knew they were here illegally. No one put a gun to their heads and said, "You will work cleaning Wal-Mart or I'll shoot." Do we know if taxes were even withheld from their checks or were they paid under the table? They say they were paid $350-$500 a week If they worked 56 hours per week and made $500, that's $8.93 per hour. That's almost $1 more an hour than I make, for goodness sake. Let's say they make minimum wage at $5.15 per hour and get time and a half for overtime. For 40 hours their base pay is $206. Add the time and a half of $123.60 and that's a whopping $329.60 base pay for 56 hours of work. Did they not say they were paid $350-$500? Seems fine to me unless I figured it wrong. My daughter is paid minimum wage. If it's good enough for her. . . .
posted on November 10, 2003 04:31:44 PM new
It's Americans that pay the ‘illegals’ to come and do their dirty work, thereby encouraging desperate people to break the law.
I don't know how it works there, but here if a ‘thief’ and a 'fence' appear before a judge then the judge will go heavier on the fence because he is creating the demand.
CBlev65252 “No one put a gun to their heads”
Oh contraire; necessity never made a good bargain, and these employers know that.
Is one more likely to find for, example, a higher level of prostitution or theft in low-income areas?
Why? Because there is a ‘gun at their heads’? Yes, The gun barrel of necessity.
CBlev65252 “My daughter is paid minimum wage. If it's good enough for her. . . . “
It sounds like you are for setting her min-wage as a max-wage for others.
If the US Government were genuine about stopping the inflow of Mexican illegal employees then they would go harder on those that create the demand.
Wal-Mart and other such product or service providers are able to offer their products at a lower price,
exactly because the engage in exploitative practises. Directly or Indirectly.
The ‘illegal’s’ low wages have a lowering influence on the wider American wages, major US employers know this and that’s why they love to see them coming in.
As long as the demand is there the supply will continue.
If these people are successful in their claim against Wal-Mart then perhaps others will be discouraged from employing ‘illegals’; knowing that it’s just not worth it.
The big joke is that this lawsuit , if successful, will discourgae future employment of ‘illegal’. They are doing Americans a favour.
These Mexicans are trying to milk the system for what it’s worth, nothing more and nothing less.
This is pure capitalism at work.
AIN’T LIFE GRAND.
You misunderstood. I'm not setting her minimum wage as anything. What I'm trying to say is if they were making at least minimum wage (and it appears as though they were from my calcs), then what are they bitching about? There are plenty of LEGAL Americans that have to work for minimum wage right now because there just isn't anything else. In this area, you are lucky to have a minimum wage job. Since 2000 we've lost 185,000 in Cleveland alone. Overtime? Ya, right. Most around here are lucky to get to work 40 hours. The point is, these people were illegally in this country. Now, here's my question. I have asked this before but I don't recall getting an answer. In order to have taxes taken from your checks, don't you need a social security card? And, how is it possible to get a legal social security card if you are an illegal alien? If they were paying taxes then the company hiring them (not Wal-Mart) had to have kept the taxes. They should be punished for it. I'm sure the IRS will be having a field day with this whole mess. While I agree that these workers should get back money they paid into taxes, if any, they still need to be sent back to Mexico and they don't need to be tying up our court system with this nonsense.
Edited: Because I'm legal.
Cheryl
http://tinyurl.com/tkz3
[ edited by CBlev65252 on Nov 10, 2003 04:43 PM ]
posted on November 10, 2003 04:53:41 PM new
Continuing to allow corporations to increase their profit based on the hiring of illegal immigrants will not lead to a resolution of the immigration problem.
