(Illegal) Immigrants file racketeering lawsuit against Wal-Mart

AP | 11/11/03 | JEFFREY GOLD

[kattracks]

NEWARK, N.J. (AP) — Wal-Mart Stores Inc. conspired with contractors in a criminal enterprise that violated the civil rights and wage protections of immigrants who cleaned its stores, workers recently arrested in federal raids charged in a lawsuit.

The federal lawsuit seeks class-action status for perhaps thousands of immigrants, legal and illegal, hired by the contractors to clean the stores of the world's largest retailer, said a lawyer for the workers, James L. Linsey.

The scheme by Wal-Mart and the contractors violated the Racketeering Influenced Corrupt Organizations Act, known as RICO, by systematically depriving the workers of labor law protections over at least the last three years, according to the lawsuit.

"It's all designed to exploit the weakest, most vulnerable people in the world," Linsey said Tuesday, a day after the lawsuit was filed in U.S. District Court in Newark.

He said the action replaces a discrimination lawsuit seeking more than $200,000 in back pay filed by the same nine workers from Mexico last week in state Superior Court in Freehold.

The federal lawsuit seeks unspecified monetary damages and an injunction barring Wal-Mart from further violations.

Wal-Mart spokeswoman Mona Williams said the claims have no merit and the company will seek to have the lawsuit dismissed.

"The Wal-Mart culture is based on respect for other people, and we would never condone treating anyone poorly, legal or otherwise. We want to get to the bottom of this and are as eager as anyone to see whatever evidence federal officials might have," Williams said.

Anyone who broke the law will be disciplined, and possibly fired, she said, adding that an internal investigation is continuing.

She said some 700 of its 3,000 U.S. stores are now cleaned by contractors, down from 1,500 several years ago.

The lawsuits follow raids by federal immigration agents on Oct. 23 at 60 Wal-Mart stores in 21 states. The nine plaintiffs were among 250 people arrested. They have been released to await deportation proceedings, Linsey said.

The raids included Wal-Mart's headquarters in Bentonville, Ark., where agents left with boxes of files from one executive's office, the company said.

The company last week acknowledged that federal prosecutors gave notice it is the target of a criminal investigation into the hiring of illegal immigrants.

An employer can face civil and criminal penalties for knowingly hiring illegal immigrants or failing to comply with certain employee record keeping regulations.

The nine workers, who cleaned stores in Old Bridge and Piscataway, maintain they were denied overtime pay despite working at least 56 hours a week and that contractors failed to withhold taxes or make required workers' compensation contributions.

"And what happens then, when someone's injured on the job, they're told, `You're on your own. Go to the hospital and see if you can get treated,'" Linsey said.

The contractor arrangement was "an effort to disguise Wal-Mart's role as a joint employer of its janitors," the lawsuit said. "Wal-Mart was fully aware of and aided and abetted the rampant violation of immigration and labor law and other laws by its various janitorial contractors."

Wal-Mart knew, or should have known, that the workers were underpaid, since it knew how many man-hours were needed to clean its stores and how much it was paying the contractors, according to the lawsuit.

Shares in Wal-Mart were down 96 cents, or 3.9 percent, at $23.64 in afternoon trading on the New York Stock Exchange.

[Modernman]

Don't know who to root for (or against) here. One possible positive consequence of this is tha American corporations will start to see that there are bad consequences to hiring illegals.

[CdMGuy]

Well, on the bright side, if big business and small business realize that these illegals are dying to get into their wallets, just maybe, they won't hire them, and make sure their contractors don't as well. So, then what happens? Just maybe, all these illegals will have no place to work in the US and have to go home. Oh well, one can only dream.

[Onelifetogive]

An employer can face civil and criminal penalties for knowingly hiring illegal immigrants or failing to comply with certain employee record keeping regulations.

I suppose that this depends on who the employer is...

Army says illegal-immigrant soldier can stay

[Chummy]

The racketeering charge is a new one, with earlier reports focusing on the illegal -- please do note this adjective -- immigrants' complaints of labor law violations.

With the b*lls growing on these lawbreakers every day, they're entering our country illegally, taking work with the excuse that it's work Americans wouldn't do, demanding rights that are superior to Americans (see DREAM Act and SAA of 2003), exposing threat to the national security, undermining the rule of law, and -- demanding protection of the law.

[Mike Darancette]

Illegals probably do not have standing to sue. Some other suits for violation of employment law filed by illegals have been bounced.

If some of the aggrieved are legal Walmart and the contractor are toast.

[Freemeorkillme]

Gotta love Newark.

[kattracks]

According to the article all of the plaintiffs are illegals. It remains to be seen if any legal immigrants join the suit.

[INSENSITIVE GUY]

I smell a stinking shyster lawyer here somewhere.This country is stupid by letting anyone other than a citizen file a lawsuit."Round em up,move em out"!

[Pinpin]

The Walmart I work for in North Carolina was also using illegal immigrants. I didn't understand why they all stopped working there, but now I do. Half of them work every single night (overnight cleaning) without any days off at all! The other half were the ones that would, I assume, return to their home country after awhile while more would come in to start working. I felt bad for the people. Walmart (or at least the one I work for) is the worst place I've ever worked for, and I'm in the process of finding something else.

[Chummy]

You couldn't be more wrong about me, my heritage, or any of your other passionate points.

What is more "ignorant" than to write or speak in such a way about something of which one has no knowledge?

When my family came to this country, they worked in agriculture. Our family fled persecution in the fields. Our family sought a better life here in the United States.

I've worked as a janitor, and so have others in our family. We do not live gloriously in a nice suburban home.

I do not talk about you being a threat; I talk about those who obey the law. I talk about those who disregard and disobey our laws, opening holes within our nation's borders through which those who wish to do our nation harm will enter.

This is a nation of laws, not of men. I have no opposition to emigration to this country of people who wish to obey our laws and wish to participate fully in our society.

If you sought freedom and opportunity in the United States, if you entered this nation within the framework established by our laws, if you participate in our democratic society, if you wish to help build a future for your family and families like yours, welcome.

[niki]

With the b*lls growing on these lawbreakers every day, they're entering our country illegally, taking work with the excuse that it's work Americans wouldn't do, demanding rights that are superior to Americans (see DREAM Act and SAA of 2003), exposing threat to the national security, undermining the rule of law, and -- demanding protection of the law.

And victimizing thousands of Americans via identity theft.

[Afronaut]

THank the President who many here will support, no matter what. Bush is to blame, he has lost his mind. Who the hell does he think he is? My King? Bush is America's enemy. He is trying to ruin this country for 3 million votes.