Illegal Immigrant Workers Sue Wal-Mart

NewsMax ^ | 11/10/03 | AP

[Tumbleweed_Connection]

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.

[petercooper]

don't you have to be a U.S. citizen to file a lawsuit in U.S. court?

[weegee]

These illegal immigrant employees are a part of the conspiracy to enable Wal-Mart to employ illegal aliens at lower wages. They did not turn into whistle blowers; they have a sleazy lawyer who's trying to make lemonade from lemons.

I say "loser pays". These criminals in the conspiracy would be less likely to pursue this case if they thought there might even be a slight chance that they would be the ones paying for both sides legal defense and court costs.

[illiac]

My thoughts, also.

I'm wondering the merits of their case and whether they are afforded equal protection under the law since they are illigals.

[Sen Jack S. Fogbound]

Leave it for a hungry lawyer to make a few bucks!

[spoiler2]

"If these people are going to work at Wal-Marts, then Wal-Mart and its contractors should abide by the labor laws."

Under the current laws, simply by hiring illegals, Wal-Mart is breaking the labor laws, so why should the Mart turn around at mid-point and "abide by the labor laws"?

These Mexicans know that Wal-Mart is breaking the law, just to give them employment.

First, deport them, then let them 'fight' this case from Mexico!

[Age of Reason]

Poor employers.

Even when they avoid hiring Americans, they still can't escape employee lawsuits.

Serves them right.

LOL.

[holyscroller]

Well now that the trial lawyers are working the problem, we'll find every illegal in the country. Now the employers of illegals should be shaking in their boots! The government is a pussycat compared to the hungry tigers these guys are. We should put a bee in the lawyer's ears about Tyson and the other illegal magnet employers.

This could go one of two ways:

If they succeed in getting a settlement out of Wal-Mart, then millions more illegals may come and willingly work as slaves with the ultimate goal of big bucks down the road from a lawsuit. On the other hand, if the trial lawyers succeed in making it unprofitable to hire illegals, this may actually be a good thing. It's just too bad the money extracted from the employers would go into the pockets of the illegals and the lawyers, rather than to pay back the taxpayers for all the goods and services we've been forced to pay for.

[bornINravenswood]

1. I am sure that the lawyer is playing his hand because this is high profile.

2. If you work for a company that works for Wal-Mart, how does that even implicate Wal-Mart? Wal-Mart should never have issued a statement other than the name of the contractor service.

3. Dred Scott US Supreme court decision: Non US Citizens cannot sue in a federal court.

Why won't this story just die? Because the media doesn't want it to die.

[Tacis]

Great, let's stick it to Walmart!!! If American employers know that even Walmart is in jeopardy by hiring Mexican criminals, then, maybe, some/many/most American employers will stop aiding and abetting this criminal activity.

If we have to leave defense of our borders to a bunch of greedy, shifty lawyers instead of the federal authorities sworn to execute this responsibility, so be it. The more publicity this suit gets the more carefully greedy employers will check the fake documents Mexican criminals present. Note, that the false matricula cards are not included on the I-9 as proof of the ability to live and work in the US.

[texastoo]

"don't you have to be a U.S. citizen to file a lawsuit in U.S. court?"

NO. Down here in south Texas illegals sue frequently. Doctors and hospitals are their main targets. They get free health care and a free opportunity to sue. I wish I was an illegal alien.

[txdoda]

If American employers know that even Walmart is in jeopardy by hiring Mexican criminals, then, maybe, some/many/most American employers will stop aiding and abetting this criminal activity.>>>>>>>>>


I think this is good too.......

Since the feds refuse to ENFORCE our immigration laws, let the EMPLOYERS find out the the 'cheap illegals' will now sue you if you employ them.

[txdoda]

I wish I was an illegal alien. >>>>>>>>>

I keep saying us 'citizens' should get us 'the card'.

Thanks to the US gov't, to those with 'the card' the benefits and freedoms are great.

[rolling_stone]

Real simple premise here, one should not be rewarded for illegal activity...and that includes the aliens in the US and working in violation of law...they should receive no benefit...to do so otherwise would encourage illegal entry, just like giving them driver's licenses, public education, welfare, emergency hospital services etc..lol...the world has truly gone mad, led by politicians and lawyers.......

[lelio]

Well now that the trial lawyers are working the problem, we'll find every illegal in the country. Now the employers of illegals should be shaking in their boots!

I know, its odd cheering for trial lawyers. The government's dragged its feet for long enough.

[texastoo]

LOL, this is kind of ironic. Should the U.S. government win against Walmart, all the illegals will have a lawsuit. The illegals can all claim working overtime without extra pay.

[Beck_isright]

Of course if MY law was put into law and enforced, and WalMart faced a $50,000 fine per illegal, the illegal immigration problem would clear itself up overnight. Because no U.S. corporation would dare hire them. My proposal is simple; first offense, $50,000 per illegal. Second offense, $100,000 per illegal. Third offense, $250,000 per employee AND 10 years in prison for each manager and corporate officer involved, mandatory, with no early release possible. That should end the illegal hiring of illegal aliens overnight. Including farmers. Including janitorial companies. Including IBM, WalMart, and anyone else.

[GatekeeperBookman]

We may soon be just thaat-our pretty boy gov was busy last week kissing up to the Dirty Fox from the South. He wished him god's blessings for comming here to tell us to pay ( for the care & feeding of the mexicaan population which invades ) till it hurts.
On TV interview was a poooor mexican who explained how tuff life can be-over his shoulder, on the capital grounds in Austin, was the monument to the Defenders of the Alamo. Almost a dozen of those Defenders had names like 'Abamilo', 'Badillo', &etc, but hey, what does that matter to today's criminals?

[holyscroller]

I wish I was an illegal alien."

I know you said that in jest, but we should all be on our knees thanking God that He made us citizens of the greatest nation on earth.