Posted on 09/18/2006 8:55:01 PM PDT by stainlessbanner
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 gain permanent legal status, according to court documents. Cafe Express also continued to deduct $25 from the workers' weekly paychecks to cover legal fees from May 2001 through December 2005, even after the key deadline was missed, the suit says.
Bob Bertini a spokesman for Wendy's, said late Monday that he was unable to reach the Cafe Express management team and could not comment on the details of the suit.
One of the lawyers named in the civil suit defended the law firm Boyar & Miller, where she formerly worked.
"I can assure you that Boyar Miller acted appropriately and took all appropriate legal action," said E. Michelle Bohreer, a Houston-based attorney and one of 15 defendants named in the suit. She declined to comment further.
According to court documents, the employees were told of the missed deadline in July when the company sent them letters stating that unless they could prove their applications were filed on time – independent of the law firm – they would be terminated on Sept. 15.
"The thing that really stuck out in our minds is that the very best last chance was missed," said Stan Broome, one of the Dallas lawyers representing the plaintiffs. Mr. Broome is seeking class-action status in the suit.
The restaurant industry is widely acknowledged to be one of the top destinations for immigrant workers without proper documents. And many illegal immigrant workers and employers are increasingly fearful that the federal government will stiffen enforcement of immigration laws.
Lawsuits by illegal immigrants workers are rare. Although some sections of law provide them with protections, a public suit can also expose them to deportation proceedings from the United States.
Sorry Jaime, if you don't live here legally, you don't have standing even though you are standing here.
Of course, you can go back to Mehico and sue thru the International Court which will, of course, find in your favor. Thankfully, the US will say - Screw You.
If they arent here legally than they are illegal.
If they are illegal then how can they use the legal system,
maybe we should rename it the nominally legal system.
Or better yet invade Mexico and let Bush and his nation bulding architects build another nominal democracy just
like the one they built in Iraq that doesnt work.
I say "enforce the laws already on the books"!!!!
"Cafe Express agreed to help the workers gain permanent legal status, according to court documents. Cafe Express also continued to deduct $25 from the workers' weekly paychecks to cover legal fees from May 2001 through December 2005, even after the key deadline was missed, the suit says."
I am anti-ILLEGAL immigration. That doesn't mean I countenance -- if the above allegation is true -- exploitation.
Cafe Express should be fined for hiring illegals in the first place.
What excuse does the federal government have now for not sending them home? They can't say they don't know about this group.
According to the article, it was up to the employees, seperately from the attornies, to file certain forms on their own. It appears they did not file the forms. The legal fees were not for filing the forms for them, it was to help them get through the various paperwork. The attornies did their work, the employees failed to follow through on their part. Seems they thought it would be done for them even though they were informed otherwise.
"Seems they thought it would be done for them even though they were informed otherwise."
What you say is certainly plausible.
I would like to know if this was clearly explained to them -- preferably in Spanish (also written documents that the employees would have to sign) -- so that there would be no doubt as to what actions would be required of them. If so, I would think the case would be dismissed as far as this suit goes.
I wonder if any of them is the Mexican who posted what he describes as "very funny video" of US troops being killed in Iraq.
http://www.cafenetamerica.com
"Sorry Jaime, if you don't live here legally, you don't have standing even though you are standing here."
A patently absurd statement.
"If they are illegal then how can they use the legal system..."
Being in the US illegally doesn't estrange one from basic unalienable rights guaranteed by the constitution.
"I keep saying it, these illegals have more rights in the U.S. than we do! Now they are suing!! "
I agree. Some how a couple years ago we all lost the right to sue. Anybody know what's up with that?
And this is proof. Fine them into yesterday for the
money they saved from NOT hiring Red Blooded Americans.
Fate is a tough cookie to swallow.
"And this is proof. Fine them into yesterday for the
money they saved from NOT hiring Red Blooded Americans."
And what savings would that be? I see nothing in the article that indicates the company violated labor law by paying below minimage wages.
In related news, a MIDDLE finger in Wendy's chili...300 million Americans served.
If legal Americans had been hired in the first place this whole problem would not exist. Exploitation is not an American value. Certainly not one since 1864....
If American CONSUMERS will DELAY GRATIFICATION and not patronize businesses that hire and exploit illegal workers, and pay the slight amount more that businesses need to pay a better wage to legal workers instead of the cost-is-the-only-object attitude, this whole problem would greatly diminish.
But meanwhile, God bless and protect our ICE and Border Patrol!
The scenario you describe is highly probable.
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