As a humane nation we should provide Olivares a free flight home.
Posted on 10/09/2006 10:24:24 AM PDT by A. Pole
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Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time.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.
This inflo of illegal immigrants has been a godsend for the lawyers.
Undocumented workers bump
Let the illegals sue the corporations that hire them!
Won't this get the companies to stop hiring illegals?
As a humane nation we should provide Olivares a free flight home.
Almost as much as the city of Houston's increased traffic ticket program has been for the lawyers.
"the company deducted $25 from his weekly paycheck of $313.20 for 4 1/2 years to cover legal fees associated with the program. "
That's almost $6,000. They have every right to sue, especially when they were trying to work in America the legal way.
PS There's a reason the top donors in the state are lawyers and why they are the biggest contributors to the Democrats....
Houston PING
They DESERVE this lawsuit. Before everyone jumps on the 'stupid illegal immigrant' bandwagon (I know, it's too late for some posters already)...
These people PAID Wendy's a portion of their paycheck for FIVE YEARS to come here LEGALLY. They DID WHAT THEY WERE SUPPOSED TO DO. If ya'll really truly believe that legal immmigration is ok, you will support these immigrants. Wendy's screwed up and did not file their paperwork, but let them keep working for them, kept deducting legal fees from their paycheck. Wendy's screwed up. Period.
This isn't a simple hire an illegal to work us for cheap rates scenario. These illegals were hired by the previous company before wendy's hired them with the understanding it would be legal for them to work. The legal team for the originating restaurant botched the paper work and when Wendy's bought the company and realized this error, they fired them.
Do you think the lawyers for the illegals asked them if they wanted the lawsuit supersized?
Daniel Olivares
They were in no way trying to work in America legally. They may have the right to sue for the lost garnishments, but even then, they had no legal right to work in the United States at ll - and therefore they were not entitled to the money in the first place, IMO.
Yep. Wendy's should give the guy back his $6,000 and THEN he should get immediately arrested and deported. As should all his fellow plaintiffs, but only after they get their money back. They're illegal, and shouldn't be here, but that's no excuse to screw them out of thousands of dollars of wages.
}:-)4
" "I'm not safe anymore," said Olivares, who has been in the country 14 years."
I've got news for you, buddy - if you were ILLEGAL you never were "safe"!
How many amnesty opportunities did you miss in 14 years?
What a boondoggle that is! 8% of his pay deducted and the lawyers didn't do what they were being paid to do. They should indeed sue. It is OK fire illegal immigrants, and it is even OK to report them to the authorities, but it is NOT OK to steal their money too!
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