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Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time.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.
Damn. Another reason to buy a Frostie.
They were here illegally. They have no right to work here.
>>>Whatever. If you want to think Wendy's is an evil company go ahead if it makes you feel better.>>>
Who the heck said Wendy's was evil? Can you not follow a simple conversation?
...never filed paperwork for a 2001 legalization program that allowed immigrants with employer sponsorship or an American spouse to apply for citizenship
So, it seems that a) these folks did, in fact, break the law by entering the US illegally, or illegally overstaying a visa after entering legally, and b) subsequently attempted to legalize their status through employer/spousal sponsorship.
That said, Wendy's clearly has vicarious liability for the company that they bought, and for the errors/omissions of their lawyers. Again, if this story is correct, the workers should get a free ticket home at Wendy's expense, plus damages.
It's like this most everywhere on the Internet. Folks are confronted with a large block of text and they skim.
Human nature, I guess. But it drives me nuts as well, especially when the "large block of text" is written by me.
APf
They can get in line with the people suing Wendy's in class actions
for making them fat and putting sliced fingers in their chili.
(Gee, why in the world would a reader think they might be illegal? Because the word "illegal" is used in the heading, and three times in the excerpted portion of the article?)
And isn't illegality an affirmative defense? Why should the courts sanction violation of federal law? Is this the 9th Circuit?
Then why are they repeatedly referred to as illegals?
It's not specifically mentioned but if they had workers visa's or some other docs, they wouldn't be illegals.
They exploited our borders. They exploited the tax payers.
I feel no pity for them- get in line, fill out the paperwork like the european/asian immigrants have to. Don't break the laws, look for a sponser after the fact then sue when it doesn't end the way you hoped.
>>>It's like this most everywhere on the Internet. Folks are confronted with a large block of text and they skim.
Human nature, I guess. But it drives me nuts as well, especially when the "large block of text" is written by me.>>>
LOL!! Well, for the most part, I try to read all of the article, even (GASP) clicking the link. So it's appreciated very much (the large block of text)
No sympathy for either the leaches or for Wendy's. Either way, the U.S. Government is to blame for all this.
Am I reading the article wrong? It sounded to me like these were people who were legitimately trying to take care of their immigration paperwork and Wendy's didn't fill out their sponsorship paperwork on time. These were people trying to do the right thing. Not people trying to buck the system.
Am I reading the article wrong? It sounded to me like these were people who were legitimately trying to take care of their immigration paperwork and Wendy's didn't fill out their sponsorship paperwork on time. These were people trying to do the right thing. Not people trying to buck the system.
But they don't have a legal right to remain here while their lawyers work through the process.
Reading comprehension is a developed skill...
"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."
You are right. Being illegal should preempt the right to sue. Catch them all and send them home in that creative machine shown earlier in the sequence.
Um.... they were here illegally to begin with. When did that become OK? Weather they were screwed or not isn't material in the light of their illegal status. So, refund their money and return them to their home country. There. Tidy, humane and expedious.
>>>Reading comprehension is a developed skill...
"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." >>>
Ahhh yes, but business sense is a learned one.
When you purchase a business, you purchase the liabilities as well.
>>>Um.... they were here illegally to begin with. When did that become OK? Weather they were screwed or not isn't material in the light of their illegal status. So, refund their money and return them to their home country. There. Tidy, humane and expedious.>>>
So all this I keep hearing from conservatives about 'we just want them to get legal, blah blah blah' is a load of crap?
Quickly: A 15 year old stone-cutter from Rionero went to Prefecture Napoli in 1905 to apply for a visa to America. After meeting all of the requirements he obtained passage on the SS Bremen to Ellis Island in February, 1908. After passing his TB/Deptheria tests, and upon being collected by his first cousin, began his American Adventure.
Not much has changed in 101 years. Do it right. Pay the dues. Bide your time. Become an American.
Not "conservitive" enough for you? Sound like a load of "crap"?
My Grandpa would have offered to you... "Escuza".
THIS conservative wants them legal BEFORE they live and work here. You know- like the rest of the world has done it for generations! Out you go-back home- and back in line the RIGHT way.
These particular illegals are ahead of things- they get to take all the $$ they made here while illegal with them. That should help in applying for citizenship the right way. So they still get an advantage after breaking our laws! Kinda like robbing a bank and using the stolen money to hire a defense lawyer.
So these illegals BROKE our laws, entered illegally, worked illegally, and WHILE they were breaking the law in this manner they paid lawyers to get them legal?? But the lawyers took the $$ and did nothing, breaking the law themselves while leaving the illegals still in violation of the law! Isn't this like stealing from thieves?
And now they want sympathy! What kind of twisted logic is this??
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