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Illegal immigrants sue Wendy's
AP on Yahoo ^ | 10/6/06 | Rasha Madkour - ap

Posted on 10/06/2006 10:29:14 PM PDT by NormsRevenge

HOUSTON - A group of illegal immigrants who worked for Wendy's International Inc. is suing the restaurant chain because the company fired them after discovering it had missed a deadline for joining a federal program that would have helped them attain legal status.

The lawsuit, filed Friday in state district court in Houston, is a companion to a similar class-action suit filed last month in Dallas against Dublin, Ohio-based Wendy's, its subsidiary Cafe Express and the Houston-based business law firm Boyar & Miller.

The immigrants, who worked for Cafe Express, are seeking unspecified damages.

Between the two lawsuits, 40 illegal immigrants say they were fired after the company recently found that Boyar & Miller, the law firm Wendy's had hired, never filed paperwork for a 2001 legalization program that allowed immigrants with employer sponsorship or an American spouse to apply for citizenship.

Once the discovery was made, Wendy's was forced by law to fire the employees because of their illegal status. Immigrants in the program would have been insulated from being fired.

"I put all my hope and faith in this company," said Daniel Olivares, who worked for Cafe Express for nine years before being fired in September. "It was devastating news for me and my family."

Wendy's spokesman Bob Bertini called it an "extremely unfortunate situation" due to "the mistakes made by others" that began before his company acquired Cafe Express.

Both entities "had no idea these applications were not filed on time until late this summer," Bertini said. "Unfortunately, our hands are tied."

Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time. The firm did not immediately return calls seeking comment.

Wendy's and Cafe Express say the number of immigrants affected statewide is 22 — 16 who were fired, and six who left on their own after hearing the news.

But attorneys for the immigrants estimate that the number is closer to 100, even though only 40 are named in the suits.

"A surgeon leaving a scalpel inside of someone is a direct analogy to missing a filing deadline — you don't do it as a lawyer," said Stanley Broome, whose Dallas-area law firm, Howie, Broome & Bobo, is representing the immigrants.

Attorneys for Olivares said the company deducted $25 from his weekly paycheck of $313.20 for 4 1/2 years to cover legal fees associated with the program. With the rest of his paycheck, Olivares said he helped support his sister, her two daughters and his ill mother in Mexico City.

Olivares said he was risking deportation to speak up for himself and his former co-workers. He said he has not looked for other work because he's afraid of being caught by the authorities.

"I'm not safe anymore," said Olivares, who has been in the country 14 years.


TOPICS: Business/Economy; Culture/Society; Foreign Affairs; News/Current Events; US: Texas
KEYWORDS: aliens; cafeexpress; illegalimmigrants; immigrantlist; immigration; sue; wendys
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1 posted on 10/06/2006 10:29:15 PM PDT by NormsRevenge
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To: NormsRevenge

looks like a companion class action suit to ..

Illegal immigrants sue Cafe Express over papers ^
http://www.freerepublic.com/focus/f-news/1703988/posts
Posted by stainlessbanner
On News/Activism ^ 09/18/2006 8:55:01 PM PDT · 77 replies · 1,277+ views

wfaa ^ | September 18, 2006 | DIANNE SOLÍS and KAREN ROBINSON-JACOBS
Cafe Express, a unit of Wendy's International Inc., and a Houston law firm have been sued in Dallas County district court on fraud, unjust enrichment and other allegations on behalf of a group of illegal immigrants. According to the suit, about 100 employees of Cafe Express were affected when the restaurant chain and its law firm allegedly missed a 2001 deadline to file paperwork that could have allowed the employees to become permanent U.S. residents. Among them was the lead plaintiff, Jaime Chavez, a 36-year-old Mexican who worked at a Dallas-area Cafe Express. Cafe Express agreed to help the workers...


2 posted on 10/06/2006 10:30:11 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: NormsRevenge
Why was Wendy's hiring illegals to begin with?
3 posted on 10/06/2006 10:33:05 PM PDT by CindyDawg
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To: NormsRevenge
"federal program that would have helped them attain legal status."

"2001 legalization program that allowed immigrants with employer sponsorship or an American spouse to apply for citizenship."

WTF!?

4 posted on 10/06/2006 10:33:27 PM PDT by endthematrix (“Anyone who describes Islam as a religion as intolerant encourages violence.”)
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To: NormsRevenge

Obviously, they should have gone to work for Burger King,
where they could HAVE IT THEIR WAY!

Welcome to Estados Unidos de America!


5 posted on 10/06/2006 10:33:55 PM PDT by pillut48 (CJ in TX (Bible Thumper and Proud!))
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To: NormsRevenge

Too bad it isn't illegal to hire illegals, then these two companies could be heavily fined.


6 posted on 10/06/2006 10:34:15 PM PDT by Netizen
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To: NormsRevenge
I don't visit fast foods often - even less nowadays. They are all hispanic with very very very poor english. They don't understand your order nor can you understand anything they say.

Dave would be horrified to see what is happening to his Wendy's.

7 posted on 10/06/2006 10:34:20 PM PDT by daybreakcoming
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To: NormsRevenge

...Stanley Broome, whose Dallas-area law firm, Howie, Broome & Bobo, is representing the immigrants.




So many jokes, so little time. *sigh*


8 posted on 10/06/2006 10:35:13 PM PDT by pillut48 (CJ in TX (Bible Thumper and Proud!))
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To: CindyDawg; NormsRevenge

What is the LIFE Act?

The LIFE Act, which President Clinton signed into law on December 21, 2000, is part of the final 106th Congress’ budget bills. The LIFE Act contains four major provisions that could provide work authorization and permanent status to hundreds of thousands of individuals who otherwise would be undocumented: extension of Section 245(i), the new “V” and “K” visas and provisions for late legalization and family unity.

More:
http://www.murthy.com/news/UDqalife.html


9 posted on 10/06/2006 10:42:21 PM PDT by endthematrix (“Anyone who describes Islam as a religion as intolerant encourages violence.”)
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To: CindyDawg

Just what I was going to say. And if they are, the legal applicants for that job who were denied a job should sue Wendys.


10 posted on 10/06/2006 10:44:42 PM PDT by Screamname (LET`S GO METS!!! LET`S GO METS! LET`S GO METS! LET`S GO METS!!! LET`S GO METS! LET`S GO METS!)
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To: daybreakcoming

I eat out less and less as I contemplate hygiene habits in the third world.


11 posted on 10/06/2006 10:45:18 PM PDT by ashtanga
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To: NormsRevenge

These freeloaders need to be thrown out of our country on their asses. They are here ILLEGALLY! When they show their mugs at the courthouse, they should be loaded onto a bus and sent home.


12 posted on 10/06/2006 10:46:49 PM PDT by FlingWingFlyer ("Today we march, tomorrow we vote!" The illegal aliens won't be "staying home" on Nov. 7th.)
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To: pillut48

" Howie, Broome & Bobo.."
Perhaps a division of Dewey, Cheatam, & Howe? :^)


13 posted on 10/06/2006 10:46:58 PM PDT by mkmensinger
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To: NormsRevenge
"I'm not safe anymore," said Olivares, who has been in the country 14 years.

Good. Leave.

14 posted on 10/06/2006 10:49:03 PM PDT by PistolPaknMama (Al-Queda can recruit on college campuses but the US military can't! --FReeper airborne)
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To: NormsRevenge
The question here is, do illegals have "standing".
"Standing" is legally described as being a legal part of a group within the restrictions of a set group.

So then if illegals have good standing; grits ain't groceries; eggs ain't poultries, and Mona Lisa was a man.


What a World!
15 posted on 10/06/2006 10:50:44 PM PDT by the final gentleman
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To: pillut48
We'll put Bobo on it right away...


16 posted on 10/06/2006 10:51:26 PM PDT by chemicalman (Doing my part to maintain global warming.)
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To: NormsRevenge
I hope Wendy's loses their ass over this - none of it would even be happening if they hadn't hired the illegals in the first place.

At least the majority of the money they lose will probably go to some dogbite lawyer and not the illegals.

17 posted on 10/06/2006 10:52:24 PM PDT by Slump Tester ( What if I'm pregnant Teddy? Errr-ahh Calm down Mary Jo, we'll cross that bridge when we come to it)
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To: NormsRevenge

Too bad we can't deport the lawyers. The illegals were at least trying to gain citizenship, at least trying to play by the rules after getting here the wrong way. I support this lawsuit and I hope the lawyers get a very stiff penalty.


18 posted on 10/06/2006 10:55:22 PM PDT by Tall_Texan ("Journalislam" - reporting about murderous extremists as if they are moral equivalents.)
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To: pillut48
Welcome to Estados Unidos de America!


19 posted on 10/06/2006 10:58:10 PM PDT by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: NormsRevenge
If they are illegal ... how do they have standing to be able to sue?
20 posted on 10/06/2006 10:58:33 PM PDT by svcw
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To: FlingWingFlyer
they should be loaded onto a bus and sent home

You mean something like this?

21 posted on 10/06/2006 10:58:50 PM PDT by kittycatonline.com
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To: Tall_Texan

Upon re-reading this, they don't seem to be seeking citizenship but they were at least looking for some legal status and I don't believe in bashing them for trying to do the right thing when the lawyers are the ones who should be taken outside the borders and whipped within an inch of their lives.


22 posted on 10/06/2006 10:59:15 PM PDT by Tall_Texan ("Journalislam" - reporting about murderous extremists as if they are moral equivalents.)
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To: Slump Tester
It is just another business that doesn't want Government involvement and regulation. Instead, they would rather hire them cheap.
23 posted on 10/06/2006 11:01:14 PM PDT by Snoopers-868th
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To: kittycatonline.com

I loved that video. Many should be doing the same thing.


24 posted on 10/06/2006 11:02:29 PM PDT by Snoopers-868th
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To: pillut48
I noticed that as well. How could you possibly take a law firm seriously with a name that sounds like something out of the Teletubbies?
25 posted on 10/06/2006 11:07:26 PM PDT by singfreedom ("Victory at all costs,.......for without victory there is no survival."--Churchill--that's "Winston")
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To: B4Ranch

This is wrong on so many levels.


26 posted on 10/06/2006 11:10:25 PM PDT by glock rocks ( What does a Marine sniper feel when he shoots a terrorist? ... Recoil.)
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To: Slump Tester
I hope Wendy's loses their ass over this - none of it would even be happening if they hadn't hired the illegals in the first place.

Exactly. Karma is a bitch!

Wendy's tried to up their profits by hiring illegals, and now they will have to spend all that money on lawyers. LOL

27 posted on 10/06/2006 11:31:49 PM PDT by vox humana
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To: NormsRevenge

you're not safe because you didn't do it the right way, through immigration


28 posted on 10/07/2006 1:32:34 AM PDT by machogirl
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Let them all work at taco bell....as long as they make a real run for south of the border!

this is total shi-ite....why illegals have rights to sue is beyond logic!

if they were here illegally it should negate anything they do afterward as the first act was illegal...

ship them all back to mexico and let them work in their own country!


29 posted on 10/07/2006 1:52:58 AM PDT by hnj_00
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To: NormsRevenge
Attorneys for Olivares said the company deducted $25 from his weekly paycheck of $313.20 for 4 1/2 years to cover legal fees associated with the program. With the rest of his paycheck, Olivares said he helped support his sister, her two daughters and his ill mother in Mexico City.

I believe that the company should be sued because they were taking money from these people with the promise that they would be able to legally work in this country. Whether the people got here illegally or not, the company took their money and didn't properly do the paperwork to maintain their end of the agreement.

Wendy's should be sued and they should hand over enough money to each of these individuals so that when they are deported to Mexico, they can live like kings in their own country.

30 posted on 10/07/2006 2:17:10 AM PDT by Elyse
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To: hnj_00

Funny how we hear so much crying over how hard the "poor deprived illegal immigrants seeking a better life" have had it in their efforts to cash in, er ah, gain acceptance, in the U.S.
"They risk their lives crossing the barren desert, seeking a better life!"

But has anyone ever made a study of how much LESS effort it would take to reform Mexico, and other third world H***-holes?
You know, the countries where these "hard workers" are legal citizens, speak the language, have families, and are too lazy to work together and reform their own land.

I have come to the conclusion that there is no acceptable excuse for Mex.* to be so bad.

Even if Mex. had NO education system, so many Mexicans have been educated in the U.S., so much U.S. money has been exported to Mex., so many Mexicans have returned to Mex. wealthy, the only possible explanation HAS to be that the people of Mex. LIKE their situation and will not allow it to change for the better!

I guess it's actually a pretty good system from their viewpoint.

The cops usually don't steal too much from the natives, ripping off tourist and escorting drug shipments is more lucrative.
If a native Mexican does get into trouble they can probably bribe their way out of it, or do a drug run for the local Mex. drug mob and their problem will go away.
When they really need money they just sneak into the U.S. for a while, if they are caught there is no significant penalty.
If caught too soon, they just try again the next day.
Once in the U.S. they can get world class medical care, and never even be asked to pay for it!
They get free or "in state" tuition which is often not available to U.S. citizens. They are too often actually better paid than U.S. citizens due to not having all the standard deductions taken from their pay.

I guess actually reforming Mexico (*and similar corrupt regimes) would spoil their racket, so no matter who wins election in those "impoverished nations" nothing will be allowed to change, at least not from their end!

What a great country we now have, it's actually a disadvantage to be a law abiding U.S. citizen!
Citizens have to adhere to the laws or face prison and fines.
The invaders can ignore our laws at will, knowing that the worst that is likely to happen to then is a free ride back home, and even that is rare.


31 posted on 10/07/2006 2:28:47 AM PDT by Richard-SIA ("The natural progress of things is for government to gain ground and for liberty to yield" JEFFERSON)
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To: Slump Tester
"none of it would even be happening if they hadn't hired the illegals in the first place."

Could you help me understand how a company can avoid hiring illegals and not run afoul of the employment laws?

32 posted on 10/07/2006 2:47:23 AM PDT by Proud_texan (Philosophy consists very largely of one philosopher arguing that all others are jackasses.)
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To: Slump Tester

"I hope Wendy's loses their ass over this - none of it would even be happening if they hadn't hired the illegals in the first place."


Ironic isn't it. If the illegals win, they will have successfully penalized their own 'employers of illegals'.

This just may be the first legitimate example of ILLEGALS DOING THE JOB THAT AMERICANS (FEDERAL GOVERNMENT) WONT.


33 posted on 10/07/2006 3:06:36 AM PDT by Kimberly GG (Tancredo '08)
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Comment #34 Removed by Moderator

To: mkmensinger

If I don't say it, someone else will, so "Nyuk, nyuk, nyuk."


35 posted on 10/07/2006 3:22:47 AM PDT by DennisR (Look around - God is giving you countless observable clues of His existence!)
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To: Slump Tester
I hope Wendy's loses their ass over this - none of it would even be happening if they hadn't hired the illegals in the first place.

It still amazes me how many people comment without actually reading the article.

Wendy's did not hire the illegals. The illegals were hired by Cafe Express. Wendy's later bought Cafe Express. It seems the law suit will center on whether or not Wendy's had or has any responsibility for the hiring practices of a company prior to the acquisition.

36 posted on 10/07/2006 3:42:09 AM PDT by been_lurking
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To: ashtanga

Very good point. Also, don't buy a new house. The construction contractors are using illegal aliens in lieu of more highly paid American tradesmen.


37 posted on 10/07/2006 3:49:27 AM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Tall_Texan

Agree about the lawyersm but these people broke the lasw to enter this country. They neeed to be deported.


38 posted on 10/07/2006 3:51:17 AM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: BOBWADE

ping


39 posted on 10/07/2006 3:58:43 AM PDT by zip (((Remember: DimocRat lies told often enough become truth to 48% of all Americans (NRA)))))
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To: NormsRevenge
Wanna bet this lawsuit is going to force Employers of Illegals to think of themselves before they hire one more of them? "Hire an illegal, and suffer the consequences".

Hola Illegals..Welcome to America...the Great Pinata. $$$$$$$$$$

sw

40 posted on 10/07/2006 4:00:39 AM PDT by spectre (Spectre's wife)
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To: NormsRevenge; radar101; RamingtonStall; engrpat; HamiltonFan; Draco; TexasCajun; razorback-bert; ...

Ping!


41 posted on 10/07/2006 5:19:04 AM PDT by SwinneySwitch (Liberals-beyond your expectations!!)
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To: daybreakcoming
I don't visit fast foods often - even less nowadays. They are all hispanic with very very very poor english. They don't understand your order nor can you understand anything they say.

Not only that, but those who work in the restaurant industry are required to take a health tests for illnesses, like tuberculosis, which are prevalent in other countries. They walk across the borders one day and are preparing & serving your food the next. That's a major reason why I don't visit fast food restaurants.

42 posted on 10/07/2006 6:12:28 AM PDT by texgal (end no-fault divorce laws return DUE PROCESS & EQUAL PROTECTION to ALL citizens))
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To: been_lurking

Whoever hired the illegals should be punished and the illegals should be deported;no need to enrich a bunch of America hating lawyers.


43 posted on 10/07/2006 6:17:02 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: texgal
I don't visit fast foods often - even less nowadays. They are all hispanic with very very very poor english. They don't understand your order nor can you understand anything they say.

OOPS - only one cup of coffee this morning . . .let me try this again.

Not only that, but those who work in the restaurant industry are NOT required to take a health tests for illnesses, like tuberculosis, which are prevalent in other countries. They walk across the borders one day and are preparing & serving your food the next. That's a major reason why I don't visit fast food restaurants.

44 posted on 10/07/2006 6:19:40 AM PDT by texgal (end no-fault divorce laws return DUE PROCESS & EQUAL PROTECTION to ALL citizens))
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To: NormsRevenge

bttt


45 posted on 10/07/2006 6:41:22 AM PDT by dennisw (Confucius say man who go through turnstile sideways going to Bangkok)
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To: pillut48

I always figured a lawyer with a last name like Howie would want to find a Cheatham and a Dewey with whom to open an office, or vice versa.


46 posted on 10/07/2006 7:00:32 AM PDT by Verloona Ti (Moslems are sensitive to everything except the screams of their victims being tortured)
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To: mkmensinger

Darn it! I should have looked at all the replies before posting mine. My little jest is spoiled.


47 posted on 10/07/2006 7:01:22 AM PDT by Verloona Ti (Moslems are sensitive to everything except the screams of their victims being tortured)
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To: Tall_Texan
Whether I agree with a clintonian LIFE (?) program for legalization or not:
Have to agree with #22 (and not with FOX reporting on this Saturday AM).
The illegals entered into a USG sponsored agreement via their employer, the employer failed to carry out its obligations to either the illegals or the government.
Yes the original illegal entry or over-stay should be grounds for deportation - but by USG action it was not IF both illegals and employer had complied.
Since the failure was in the employer and the illegals had (belatedly) acted in good faith - I'd have to give them a pass, but I'd nail the employer on several counts.
48 posted on 10/07/2006 7:14:35 AM PDT by norton
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To: Jezebelle

Lawsuits already abound over shoddy homes!


49 posted on 10/07/2006 7:48:09 AM PDT by stephenjohnbanker (Our troops will send all of the worlds terrorists to hell in a handbasket with no virgins!)
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To: texgal

I don't eat fast food anymore either. The illegals are spreading disease from poor hygiene, and they carry horrible diseases.


50 posted on 10/07/2006 7:52:46 AM PDT by stephenjohnbanker (Our troops will send all of the worlds terrorists to hell in a handbasket with no virgins!)
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