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Fired workers sue Chipotle, say checks were late
Minneapolis Star Tribune ^ | February 3, 2011 | Mike Hughlett

Posted on 02/03/2011 5:32:04 PM PST by moonshinner_09

A group of workers that Chipotle Mexican Grill fired for being illegal immigrants sued the restaurant chain on Thursday, alleging that it didn’t comply with a Minnesota law requiring all back pay to be distributed promptly.

Last month, Chipotle said it fired a substantial number of its 1,200 Minnesota workers starting in December, after a federal immigration audit found some of them to be illegal immigrants.

Participants in a protest against the firings put the number at 700. The company wouldn’t say how many there were, but a source close to the investigation put the number closer to 350.

Up to 75 of those former workers filed a class-action suit alleging that Chipotle vio­lated the Minnesota Payment of Wages Act, said Greg Nammacher, secretary-treasurer of Service Employees International Union Local 26.

(Excerpt) Read more at startribune.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Minnesota
KEYWORDS: aliens; chipotle; chutzpah; immigration

1 posted on 02/03/2011 5:32:06 PM PST by moonshinner_09
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To: moonshinner_09

Did they file this lawsuit from their homes in Mexico? Probably not, eh?


2 posted on 02/03/2011 5:37:08 PM PST by OldDeckHand
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To: moonshinner_09

If they’re illegal, how can they sue? If they mess with my Chipotle, I will mess with them.


3 posted on 02/03/2011 5:37:29 PM PST by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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Mom, can we go out for Anglo food tonight?


4 posted on 02/03/2011 5:40:09 PM PST by llevrok (Politically correct use to be not telling some one who you voted for.)
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To: llevrok

They should have worked my last job,
our checks were never late,
but they weren’t good till
the following Wednesday most times,
some times you’d get one check and have
to go cash the last weeks.

Times were hard.


5 posted on 02/03/2011 5:44:53 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: moonshinner_09

Someone needs to sue the SEIU. There must be some law against having illegal aliens as union members... or maybe not.


6 posted on 02/03/2011 5:46:11 PM PST by OCC
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To: moonshinner_09

Tough hop, homie.....


7 posted on 02/03/2011 5:48:04 PM PST by ButThreeLeftsDo (FreeRepublic. Monthly Donors Welcome.)
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To: OCC

Bet the SEIU idolizes Cesar Chavez. Except there is one inconvenient fact they overlook. Cesar Chavez was strongly anti illegal immigrant.


8 posted on 02/03/2011 5:49:26 PM PST by Fred Hayek (FUBO! I salute you with the soles of my shoes.)
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To: moonshinner_09

http://www.gaddywells.com/AFFIRMATIVE_DEFENSES.html

Too bad, so sad.


9 posted on 02/03/2011 5:54:51 PM PST by tumblindice ('Bi-partisanship': we all pretend the Democrats are still in charge)
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To: tumblindice

What affirmative defense are you thinking about?

Employers who fail to pay wages to illegals get hammered by the law just the same as if they were legal workers — usually double damages and attorney fees.

The point is to discourage employers from paying illegals worse than legal workers.


10 posted on 02/03/2011 5:59:46 PM PST by 13foxtrot
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To: moonshinner_09

Now make the pos company and it owners personals liable for all expenses paid by taxpayers supporting their illegal workers.


11 posted on 02/03/2011 6:05:29 PM PST by org.whodat
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To: 13foxtrot

I thought a law exists that people cannot benefit financially from their crime.

If illegals committed a crime in being here and working,how can they collect any damages?


12 posted on 02/03/2011 6:06:58 PM PST by FreeDeerHawk
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To: moonshinner_09

Zero tolerance for marxists in US government.

Investigate and arrest members of the “Progressive Congressional Caucus”, send the red sons of bitches back underground.

All States right to work states, no forced compulsory union dues in order to work,

Defund the marxist trade and government worker unions.

No one will pay union dues voluntarily.

Smash the left!


13 posted on 02/03/2011 6:07:45 PM PST by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: 13foxtrot

See #9 defense, above. It’s against law & public policy in any jurisdiction to allow people to profit from illegal activities, for example, gambling. The courts won’t enforce such bargains.
Getting jobs using false personal information, SS#s, etc., same thing.
They have a lot of chutspah though: they must admit being here in violation of our immigration laws, the reason for their termination, and count on not being arrested and deported. And they apparently hope to recover judgments as class action plaintiffs.


14 posted on 02/03/2011 6:08:03 PM PST by tumblindice ('Bi-partisanship': we all pretend the Democrats are still in charge)
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To: goodwithagun

Why can any illegals file lawsuits? I am sick of them getting a windfall when they broke laws to be here in the first place.


15 posted on 02/03/2011 6:10:12 PM PST by Cowgirl of Justice
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To: moonshinner_09

no illegal immigrant sat here and was like, hey I’ll sue!!! how many of us have had late/no checks? Some lawyer has taken this, gotten all the workers together, they’ll get their last checks, all $350 worth and the lawyer will collect all fees from Chipotle etc etc.


16 posted on 02/03/2011 7:04:43 PM PST by DreamingWest
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To: moonshinner_09

I went by the downtown Chipotle the other day around noon. The line was around the block. The move to fire the illegals doesn’t appear to have hurt business any.


17 posted on 02/03/2011 7:39:53 PM PST by IronJack (=)
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To: OldDeckHand

The bunch of them chained together would have been easy to arrest and deport. They had handcuffed each other.


18 posted on 02/03/2011 7:58:12 PM PST by ninergold3 (Let Go and Let God - He IS In Control)
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To: moonshinner_09
I suppose it depends on what the meaning of the word “promptly” is.
19 posted on 02/03/2011 8:29:46 PM PST by stylin19a
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To: stylin19a
agh...I suppose I should read the article.

The law says that wages due at the time of an employee's discharge are to be paid within 24 hours. If they're not, as a penalty to an employer, employees are eligible to be paid their average daily wage for up to 15 days, as well as any wages still owed.
20 posted on 02/03/2011 8:32:01 PM PST by stylin19a
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To: tumblindice

Good thinking. But it doesn’t work that way with wage and hour laws. Those are designed to keep the employers in line — not the employees.

If the employers were immune from wage and hours laws when hiring illegals they would hire plenty more... I am suing one employer who doesn’t hire whites or blacks because he only wants illegals because they don’t complain. 12 hour shifts, 6 days a week, no overtime. Sexual harassment/coercion of the females. My client is legal (an Indian)...the business owners are Indian as well.


21 posted on 02/03/2011 9:53:26 PM PST by 13foxtrot
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To: DreamingWest

I am an employee side lawyer. You come to me with a shorted check or unpaid final check and I will sue the bastards in a heartbeat. Not paying someone for work they have already done is theft. Dirty rotten theft.


22 posted on 02/03/2011 9:59:02 PM PST by 13foxtrot
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To: moonshinner_09
Quite often I patronize another Mexican-themed chain restaurant. It's basically a fast food place, although the food seems to have decent quality. Based on their accents I would say that every single employee I have heard or spoken with at various branches of this chain (except possibly one manager) was at least born in Mexico.

But of course, even though it seems pretty likely, I don't know for sure that these people are all illegal aliens. If I did, would I turn them in and get them all fired? I admit that I'm not sure. I have a negative opinion of a company that would knowingly base their success on illegal alien labor. But if the de facto American system is to allow businesses to operate like this, can I really fault an individual worker who tries to make the most of his opportunities in life?

Besides, all the employees seem nice. I guess they can't afford not to be.

Maybe I'm a hypocrite for continuing to be a customer of this place. But certainly the situation is obvious to all the customers.

23 posted on 02/03/2011 11:08:34 PM PST by wideminded
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To: moonshinner_09
Other employers hiring illegal aliens should perhaps take note of how Chipotle Mexican Grill is experiencing their new found punishment for their grievous error in judgment in hiring these criminal illegal aliens in the first place. Kind of serves them right. Take note American employers, you might be next!
24 posted on 02/04/2011 4:05:45 AM PST by Ron H. (Impeach the dictator wannabe Impostor!!!)
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To: 13foxtrot

What if the employee is fired for cause, such as providing a false social security number, or stealing from the company? Are they still entitled to back pay?


25 posted on 02/04/2011 4:13:42 AM PST by magritte ("There are moments, Jeeves, when one asks oneself "Do trousers matter?")
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To: moonshinner_09

http://www.twincities.com/ci_16754546?IADID=Search-www.twincities.com-www.twincities.com

“Most of the workers who lost their jobs are Mexican nationals who at one time had work visas that have since expired. The workers had jobs that paid $12 to $14 per hour, health insurance and a 401(k) plan.”

This doesn’t seem to me like “jobs that Americans won’t do” !

hopefully the employer gets fined AND the union,too


26 posted on 02/04/2011 5:32:34 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


27 posted on 02/04/2011 7:17:02 AM PST by HiJinx (What new decade?)
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To: magritte; 13foxtrot
I worked for management in a previous life. Employees are entitled to back pay for any work they performed (or were "on the clock") regardless of other circumstances. We had one who actually cashed a bad check on the store and were not even allowed to deduct it from her final check.

It had to be prosecuted like a bad check from any other customer. Good luck with that one when she was skipping town.

28 posted on 02/04/2011 7:44:00 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Vigilanteman

Thanks for the info...I’ll check the laws here in Missouri...you never know when this might come up at my business...magritte


29 posted on 02/04/2011 7:45:52 AM PST by magritte ("There are moments, Jeeves, when one asks oneself "Do trousers matter?")
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To: magritte
Do let me know what your check of Missouri law uncovers.

FWIW, the store I worked at was in California, early 1980's. It still frosts me that an employee could intentionally bounce a check and we had to give her the last check with nothing deducted for outright fraud!

30 posted on 02/04/2011 8:12:10 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Vigilanteman; magritte

The rules vary by state, but the only case I know of where an employer can with hold money from a paycheck is when a cashier turns in a short-till, assuming the cashier had complete control of the till and you only deduct the shortage that occurred in the current/last pay period when you fire them. E.g., $50 dollar short-till discovered, till in complete control of employee, employee immediately fired then $50 dollars can be with held from last paycheck.

Allowing theft, and breaking stuff, can be applied the same way. But generally it is more hassle than it is worth so just pay their full check. And then sue them in small claims for the losses/damages.


31 posted on 02/04/2011 8:59:47 AM PST by 13foxtrot
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