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Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time.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.
Did you read the whole article? They were being sponsored to work, and had money deducted to cover the expenses. There was nothing illegal going on with the workers.
time to eat at wendy's.....
Is America safer after six years of Dubya?
They should get their money back, but they were most certainly NOT "trying to work in America the legal way."
I agree with you. Illegal status, to me, means no LEGAL rights. If you're here illegally, then the only law of this country that applies to you is the one you've broken.
I don't think people who drive illegally have any rights to sue for damages, etc, either.
We are in a bad spot when the Constitution and laws, written for citizens, apply to-and protect- non-citizens.
Where is the incentive to become a legal citizen if you get all the legal rights without bothering?
I don't understand. If people these are illegals why haven't they been shown the way to the border, the bum's rush, if you please. That should end any law suit...........
>>>"Wendy's screwed up. Period."
Except that Wendy's did not own the company when this occurred and the fact that it was the lawyers who were paid to file the paperwork who didn't file the paperwork. er... on second thought, Wendy's did not screw up. Period.>>>
Ummm, who reduced the paycheck by taking money out? Wendy's.
Who purchased a company, LIABILITIES and all? Wendy's.
When you understand how business works, get back to me.
Oh yeah, Period.
why can't these phony immigrants and criminal aliens just get in line like most decent people do?
He was never "safe".
Dr. Trease from the UofH Law School (consultant to tv)talked about this on the local news Saturday morning. He did seem to think that he illegals had much of a chance on this one.
>>>I agree with you. Illegal status, to me, means no LEGAL rights. If you're here illegally, then the only law of this country that applies to you is the one you've broken.>>>
They were only here ILLEGALLY because the lawyers they PAID MONEY to file the paperwork to continue them being LEGAL, did not do their job.
am I wrong in suggesting that Illegals shouldn't get to do anything that as a legal resident or citizen we have the right to do such as partake of the justice system, own a home, collect benefits from the state, social security, go to school, work, etc...?
>>>Did you read the whole article? They were being sponsored to work, and had money deducted to cover the expenses. There was nothing illegal going on with the workers.>>>
Are you kidding me? I'm convinced that only 15% of Freepers actually read the articles they make posts on. It's getting ridiculous and makes conservatives look stupid.
Above all else, congress and the public need to agree that NO IMMIGRANT, legal or illegal, has a RIGHT to be here. Therefore, if a mistake is made in any legal process regarding their status, they have no legal standing to complain or file suit.
Immigration is a PRIVILEGE, not a RIGHT.
I support extending that PRIVILEGE much more broadly than some other FReepers. But we must agree that it is not a RIGHT.
Every person has a RIGHT to life... but not to live it in the USA.
>>>The law firm who missed the filing deadline deserves to be sued, Wendy's does not.>>>
Wendy's deducted money on their behalf, therefore Wendy's, whether they like or not, has picked up the liability.
Agreed. I've worked with many Asian Indians who were relying on the corporate lawyers to get their immigration paperwork done, and they certainly were not here illegally. The fact that this article calls them illegal must mean just that.
As for lawyers not doing there job, more than a few times in a few years of working in Silicon Valley one of the Asian Indians would discover that the paperwork was lost somewhere in the system and that they would have to start all over again, three years down the drain. It was never the lawyer's fault, always some snafu on the government side. So let's not be so hasty to blame Cafe Express/Wendy's.
10-8-06 11:55
http://www.freerepublic.com/focus/f-news/1715846/posts
-Won't this get the companies to stop hiring illegals?-
Now that's an interesting thought. I can't imagine how these things actually get to court in the first place, but if it has an impact, sue away!
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