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Bertini said Boyar & Miller, which no longer represents the company, was supposed to file the paperwork on time.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.
Just how is it that Illegals can have any legal standing to sue an employer for whom they are not allowed to work, for firing them?
Concise isn't my thing-lol.
Thanks for putting into one, succinct question!
Now- lets see the answers.
So you've read the purchase agreement and know for a fact that Wendy's assumed all liabilities, known and unknown, during the acquisition of Cafe Express?
Didn't think so.
>>>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. >>>
Too bad the same scenario would not apply today.
>>>So you've read the purchase agreement and know for a fact that Wendy's assumed all liabilities, known and unknown, during the acquisition of Cafe Express?
Didn't think so.>>>
As a writer of industrial insurance, I will tell you that when you purchase a corporation, you will be named in a lawsuit of past actions. There is no way around it. Most likely the insurance policy of Cafe Express would be the primary named in the lawsuit back to the 2000 policy, but Wendy's corporation would be named as well and the current insurance carrier would be forced to pay the defense costs.
So I see you are now agreeing with me that you do not know whether or not this liability is Wendy's or the sellers or another party or no ones.
The fact that Wendy's is party to the lawsuit is obvious. What is not obvious is who will be held ultimately liable, if anyone.
Your statement that "Wendy's purchased all liablities" of Cafe Express is unknown and by your own admission in the prior post, not likely either.
In my daily prayers I thank that little hardheaded, one-way Guinea for doing whatever he had to do in order to become an American. He and My GrandMama produced, among others:
First Generation: 1 Marine Pilot, 1 USAAF Jug Pilot
Second Generation: 1 Platoon Sgt-82nd Abn, 1 USCG Pilot
Now: Crew Chief, USCG.
If he's unemployed, does he really cound as a worker? :p
I had always thought that The Left had supported illegal aliens so they would have more voters. But now it's clear that they want more money for their chief contributors, trial lawyers.
>>>Your statement that "Wendy's purchased all liablities" of Cafe Express is unknown and by your own admission in the prior post, not likely either.>>>
Since you cannot admit that you are incorrect, I will let it go and let you keep your pride.
I stated that Wendy's purchased the liabilities and that is correct. That is correct in any purchase of an entity.
Being a proud American is a grand thing. We truely have much to be greatful for. Kudo's to your son. Best wishes all around.
Texas WOP
I don't see how it is an OBLIGATION of a company to file the papers in 2001 unless there is a request to do so.
If their employees knew of this legislation, they should have followed up on the status of their paperwork.
PS, if these people were illegal, who's SS did the payroll contributions go into, or did the form just say NO SS, ILLEGAL?
I missed that part, if they were indeed charged to have this handled, then they should sue.
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
Now I ask yo again, do you know for a fact Wendys is liable per the purchase agreement? Do you know for a fact that Wendy's screwed up? No, of course you do not know whether or not this is the case. That is why there is a lawsuit.
I'll concede the point that you did not say ALL liabilities. But that is irrelevant to the point which is whether or not they are liable in this instance, the answer for which YOU DO NOT KNOW unless you were a party to the sales agreement.
So again, you have presented no factual evidence that Wendys did in fact SCREW UP and is liable. I am absolutely correct in stating you are wrong to state the Wendy's is liable at this point in time. We do not know. The court case will decide that.
>>>We do not know. The court case will decide that.>>>
Well DUHHHH.
Diplomat hereby offers the rule that noone is allowed to express an opinion until the courts decide the case.
Fine by me.
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