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Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time.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.
You mean something like this?
Upon re-reading this, they don't seem to be seeking citizenship but they were at least looking for some legal status and I don't believe in bashing them for trying to do the right thing when the lawyers are the ones who should be taken outside the borders and whipped within an inch of their lives.
I loved that video. Many should be doing the same thing.
This is wrong on so many levels.
Exactly. Karma is a bitch!
Wendy's tried to up their profits by hiring illegals, and now they will have to spend all that money on lawyers. LOL
you're not safe because you didn't do it the right way, through immigration
Let them all work at taco bell....as long as they make a real run for south of the border!
this is total shi-ite....why illegals have rights to sue is beyond logic!
if they were here illegally it should negate anything they do afterward as the first act was illegal...
ship them all back to mexico and let them work in their own country!
I believe that the company should be sued because they were taking money from these people with the promise that they would be able to legally work in this country. Whether the people got here illegally or not, the company took their money and didn't properly do the paperwork to maintain their end of the agreement.
Wendy's should be sued and they should hand over enough money to each of these individuals so that when they are deported to Mexico, they can live like kings in their own country.
Funny how we hear so much crying over how hard the "poor deprived illegal immigrants seeking a better life" have had it in their efforts to cash in, er ah, gain acceptance, in the U.S.
"They risk their lives crossing the barren desert, seeking a better life!"
But has anyone ever made a study of how much LESS effort it would take to reform Mexico, and other third world H***-holes?
You know, the countries where these "hard workers" are legal citizens, speak the language, have families, and are too lazy to work together and reform their own land.
I have come to the conclusion that there is no acceptable excuse for Mex.* to be so bad.
Even if Mex. had NO education system, so many Mexicans have been educated in the U.S., so much U.S. money has been exported to Mex., so many Mexicans have returned to Mex. wealthy, the only possible explanation HAS to be that the people of Mex. LIKE their situation and will not allow it to change for the better!
I guess it's actually a pretty good system from their viewpoint.
The cops usually don't steal too much from the natives, ripping off tourist and escorting drug shipments is more lucrative.
If a native Mexican does get into trouble they can probably bribe their way out of it, or do a drug run for the local Mex. drug mob and their problem will go away.
When they really need money they just sneak into the U.S. for a while, if they are caught there is no significant penalty.
If caught too soon, they just try again the next day.
Once in the U.S. they can get world class medical care, and never even be asked to pay for it!
They get free or "in state" tuition which is often not available to U.S. citizens. They are too often actually better paid than U.S. citizens due to not having all the standard deductions taken from their pay.
I guess actually reforming Mexico (*and similar corrupt regimes) would spoil their racket, so no matter who wins election in those "impoverished nations" nothing will be allowed to change, at least not from their end!
What a great country we now have, it's actually a disadvantage to be a law abiding U.S. citizen!
Citizens have to adhere to the laws or face prison and fines.
The invaders can ignore our laws at will, knowing that the worst that is likely to happen to then is a free ride back home, and even that is rare.
Could you help me understand how a company can avoid hiring illegals and not run afoul of the employment laws?
"I hope Wendy's loses their ass over this - none of it would even be happening if they hadn't hired the illegals in the first place."
Ironic isn't it. If the illegals win, they will have successfully penalized their own 'employers of illegals'.
This just may be the first legitimate example of ILLEGALS DOING THE JOB THAT AMERICANS (FEDERAL GOVERNMENT) WONT.
If I don't say it, someone else will, so "Nyuk, nyuk, nyuk."
It still amazes me how many people comment without actually reading the article.
Wendy's did not hire the illegals. The illegals were hired by Cafe Express. Wendy's later bought Cafe Express. It seems the law suit will center on whether or not Wendy's had or has any responsibility for the hiring practices of a company prior to the acquisition.
Very good point. Also, don't buy a new house. The construction contractors are using illegal aliens in lieu of more highly paid American tradesmen.
Agree about the lawyersm but these people broke the lasw to enter this country. They neeed to be deported.
ping
Hola Illegals..Welcome to America...the Great Pinata. $$$$$$$$$$
sw
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