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Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time.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.
Ping!
Not only that, but those who work in the restaurant industry are required to take a health tests for illnesses, like tuberculosis, which are prevalent in other countries. They walk across the borders one day and are preparing & serving your food the next. That's a major reason why I don't visit fast food restaurants.
Whoever hired the illegals should be punished and the illegals should be deported;no need to enrich a bunch of America hating lawyers.
OOPS - only one cup of coffee this morning . . .let me try this again.
Not only that, but those who work in the restaurant industry are NOT required to take a health tests for illnesses, like tuberculosis, which are prevalent in other countries. They walk across the borders one day and are preparing & serving your food the next. That's a major reason why I don't visit fast food restaurants.
bttt
I always figured a lawyer with a last name like Howie would want to find a Cheatham and a Dewey with whom to open an office, or vice versa.
Darn it! I should have looked at all the replies before posting mine. My little jest is spoiled.
Lawsuits already abound over shoddy homes!
I don't eat fast food anymore either. The illegals are spreading disease from poor hygiene, and they carry horrible diseases.
These people have no rights in this country, so how is it that they can get a lawsuit into a courtroom? What kind of worthless judges are so unschooled in the law that they wouldn't tell them to take this foolishness out of his courtroom. Their only reasons for their being inside an American courtroom should be appearance on other criminal charges and to receive their deportation orders.
My mistake,when I read the title I thought they were suing Wendy's for getting sick from eating a burger made with beef that came from Mexico !!!
Or Gype, Finangle & Swindal? ;)
BTTT
Cheatum, Steele and Hyde
"What a great country we now have, it's actually a disadvantage to be a law abiding U.S. citizen!"
So true...why can't the good citizen US taxpayers just reliquish their citizenship...they won't have to pay taxes...will get free mdical care...can go on welfare and or stupid lib/dem subsidy programs...probably will eventually get SS (if the lib/dems get their way) and laugh all the way to tthe bank like all the illegals from mexico do currently!
David Stoddard, retired Border Patrol: "Each Mexican Consulate in the United States keeps a group of lawyers on retainer. The Mexican Consulate is much like a big city pimp who keeps a stable of prostitutes. These lawyers are U.S. educated but they work for the Mexican government within the U.S. judicial system. By treaty, whenever a Mexican citizen is encountered by U.S. law or a U.S. citizen, the Mexican Consul is notified. If a U.S. Citizen border resident detains a trespasser who turns out to be a Mexican illegal alien, he is turned over to the U.S. Border Patrol. The Border patrol submits a report to the Mexican Consul containing all the details such as names and location. The Consul then consults with one of his U.S. lawyers. The lawyer then brings a suit in civil court against the U.S. Citizen usually for some contrived "civil rights" violation. The result is that U.S. border residents are reluctant to protect themselves against illegal alien thugs, thieves and vandals. The court costs are simply too much for most of us, so why take a chance? This is the way the Mexican government assures the free passage of its citizens across privately owned U.S. property."
Sher: "Finally, I understand that you were heavily involved in a program known as JTF 6 that is now called JTF North. You advised that, with this program, you were able to effectively close the Southern border. Would you explain the program and tell us why it is no longer being affected by our Border Patrol?"
David: "JTF North is still assisting the U.S. Border patrol. That is the program under which U.S. Military Engineer units are deployed to build fences, roads and other infrastructure. During the early 90's there were active duty military units deployed along sections of our border to assist the Border Patrol with narcotics interdiction. Among the units I personally worked with were Marine Recon, Army Special Forces, Army Air Cavalry and others.
"When these military units came in they brought their specialized equipment such as infrared devices, sensors, scopes and helicopters. In conjunction with the U.S. Border Patrol, they would deploy along the border and, for a brief time, there would be no traffic across that border. The smugglers and the alien traffickers simply ceased operations. We sealed 100 miles sections of the border at a time. It was very effective. But since it was temporary, the illegal traffic resumed as soon as the military withdrew. The whole border can be sealed in that manner. It wouldn't take all that many soldiers either.
"The whole U.S.-Mexico border could be sealed with as few as 100 helicopters equipped with FLIR (forward looking infrared) scopes, and a few hundred men equipped with state of the art sensors, scopes and other electronics. There are those who would argue that this is a violation of Posse Comitatus. That's ridiculous. Posse Comitatus prohibits the use of troops for domestic law enforcement. Border security is not domestic law enforcement. It is protecting our nation from foreign intruders. Besides, Posse Comitatus was passed in 1878, yet the U.S. Cavalry continued to patrol the U.S. Mexico Border until 1924. If Congress intended Posse Comitatus to prevent the military from securing our nation, the cavalry wouldn't have continued on the border for another 46 years. I once brought up that fact to U.S. Representative Jim Kolbe at a Town Hall meeting in which he stated that Posse Comitatus prevented the U.S. Military from securing our border. Jim Kolbe reacted with a look on his face like he had been photographed in a compromising position in a gay bath house. He has never again used Posse Comitatus as an excuse not to use the military on the border." Sher Zieve is an author, political commentator, and staff writer for The New Media Alliance (www.thenma.org). Zieve's op-ed columns are widely carried by multiple internet journals and sites, and she also writes hard news. Her columns have also appeared in The Oregon Herald, Dallas Times, Boston Star, Massachusetts Sun, Sacramento Sun, in international news publications, and on multiple university websites. Ms. Zieve is currently working on her first political book: "The Liberal's Guide To Conservatives."
Um, those aren't amigos. Those are called chikas.
Yup. Invent a Spanish name and freeload around. Go to the Emergency Room for a runny nose. Get welfare checks by borrowing somebody else's kids. Drive around here without a license or registration or insurance. Kill somebody in an accident and the L.A.P.D. must release you because you are a Mexican. Just get another car and go on doing the jobs Americans don't want to do.
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