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Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time.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.
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...
"2001 legalization program that allowed immigrants with employer sponsorship or an American spouse to apply for citizenship."
WTF!?
Obviously, they should have gone to work for Burger King,
where they could HAVE IT THEIR WAY!
Welcome to Estados Unidos de America!
Too bad it isn't illegal to hire illegals, then these two companies could be heavily fined.
Dave would be horrified to see what is happening to his Wendy's.
...Stanley Broome, whose Dallas-area law firm, Howie, Broome & Bobo, is representing the immigrants.
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
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.
I eat out less and less as I contemplate hygiene habits in the third world.
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.
" Howie, Broome & Bobo.."
Perhaps a division of Dewey, Cheatam, & Howe? :^)
Good. Leave.
At least the majority of the money they lose will probably go to some dogbite lawyer and not the illegals.
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.
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