LJWorld.com / Illegal immigrant wins ruling on unpaid wages

Business

By John Hanna - Associated Press Writer

March 24, 2007

Topeka — Siding with a former Burrito Express cook in Wichita who said he had been promised $6 an hour but was paid much less, Kansas' highest court ruled Friday that illegal immigrants can collect unpaid wages, plus a penalty, from their employers.

The Supreme Court's decision dealt with a state law requiring employers to pay workers' full wages at least once a month. That law allows the Department of Labor to double the amount of money an employee collects if an employer deliberately withholds wages.

A Sedgwick County judge had concluded Cesar Martinez Corral wasn't due the additional penalty from Coma Corp., the Burrito Express' owner, because he was an illegal immigrant. The judge said allowing the additional penalty would encourage illegal immigration and "trivialize" federal immigration laws.

But the Supreme Court said the law is clear on its face, covering all employees, whether they're in the United States legally or not. Furthermore, the justices said in their unanimous opinion, Kansas has a strong tradition of making sure workers get paid the wages they're promised.

"To deny or dilute an action for wages earned but not paid on the grounds that such employment contracts are 'illegal,' would thus directly contravene the public policy of the state of Kansas," Justice Lawton Nuss wrote in the court's opinion.

The company argued that Corral had accepted lower pay - and a place to live - until business at the restaurant picked up. The restaurant eventually closed in May 2004, costing Corral his job after seven months, said Diane Barger, an attorney representing Coma Corp.

While she was disappointed in the ruling, Barger said the court at least clarified how the law applies to illegal immigrants.

Discussion

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24 March 2007
at 1:13 a.m.

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Newell_Post (Anonymous) says…

Idiots. Wasting the time of our courts and public servants like this. The fact that he is illegal means he de facto obtained the job under false pretenses. All he is rightfully owed is a one-way ticket back home.

AP & LJW: How about the rest of the story? Was he turned over to the INS and deported at the end of the hearing and after collecting his back wages? Or was he just allowed to walk out of the courthouse, still illegal? (Probably.) If the latter, his lawyer and everyone else involved should be busted for abetting a crime.
24 March 2007
at 1:34 a.m.

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Agnostick (Anonymous) says…

HHhhhhhhmmmmmmmm…

On the one hand, I don't like the fact that illegal immigrants are granted the same status by the courts as legal citizens.

On the other hand… unscrupulous business owners hire illegals for one reason only: profit maximization. The fact that illegal immigrants can now sue these business owners and *win*… might just take out some of the “fun factor” that these business owners (and the politicians that tacitly support them) enjoy.

Might be a silver lining to this legal cloud…

Agnostick
agnostick@excite.com
24 March 2007
at 1:49 a.m.

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Dracul (Bill Chapman) says…

>1. He should be paid his lost wages. (I'm not so sure about the damages part though).

>2. He should also get a one-way ticket to the farthest city in Mexico from the U.S./Mexico border - complete with an escort to insure he gets there.

>3. The owner of the business should get the heaviest fine/sentence possible for knowingly employing an illegal immigrant.

case closed.
24 March 2007
at 3:22 a.m.

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ljreader (Anonymous) says…

Everyone who supports illegal immigration is supporting activity like this.
Every bleeding heart that thinks they are SOOO compassionate is giving a wink and nod to human exploitation.
Why do you think employers prefer employees with a 3rd grade education with whom they can't even communicate in the same language, over an an American worker? It's so they can screw them!!!
Once again- NOT a job Americans won't do- but a job an American won't get screwed doing.

Pay the worker his money- deduct taxes- deduct a ticket back to wherever he came from- Fingerprint him so when he comes back we know he violated immigration laws AGAIN-Send him packing.
Charge the illegal traitor employer court costs+ a HUGE fine and throw his butt in the slammer.

Better yet, American taxpayers should file class action law suits on every employer caught employing illegal aliens- They are drawing them here- We have billions of dollars to recoup from supporting THEIR employees.
24 March 2007
at 3:39 a.m.

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ljreader (Anonymous) says…

Did the court (that was backed up for an illegal alien) bother to check for whose social security number this clown stole in order to get his better life at Burrito Express?
24 March 2007
at 5:39 a.m.

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geekin_topekan (Anonymous) says…

Coolcool.
The fact that some feel this “clown” who has a “third grade education”shows how Latinos are grossly underestimated as far as their abilities and resourcefullness goes.This “clown”just screwed the whole racists' pink cloud they've been floating on.”Illegal” is quickly becoming as widespread and phobic as “n!@@er” was(still is) in East Texas.
Illegal does not mean criminal.”Illegal” has become a racist war cry and seems to be losing it's validity in the courts.
24 March 2007
at 7:31 a.m.

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ASBESTOS (Anonymous) says…

boycott burrito express!!

3 reasons:

1.) They hire and use illegal aliens

2.) They abuse and exploit the illegal alien

3.) They do this as part of their business plan, ie saving money on illegal aliens, and withholding wages
24 March 2007
at 7:34 a.m.

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ASBESTOS (Anonymous) says…

“Illegal does not mean criminal.”

Yes it does. They violated the law getting here AND they stole someone's identity in order to work.

“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”'

“Illegal” has become a racist war cry and seems to be losing it's validity in the courts.”

It is illegal to murder someone or to ripp someone off. So in “geekin's” post, I guess it is NOT criminal to rip off the illegal alien and withold the wages. Thid illegal alien got the due process he deserved, however, he now gets his money and now he get's deported, and the food place closes!

All based on breaking laws, hence, illegal, illegal, illegal!!
24 March 2007
at 7:37 a.m.

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ASBESTOS (Anonymous) says…

These companies are hiring these folks so they can treat them this way. AN American will not stand for that for a minute.

IT is not that these are jobs that “Americans won't do”, it is a job that an “American will not be allowed to do” or “agree to do” because of the schisters who hire illegals do so in order to pay them less and withold their wages.

That is why it is illegal.
24 March 2007
at 8:51 a.m.

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promitida (Anonymous) says…

Im so tired of this “patriotic” bull. An american hired him and took advantage of him. How is this man NOT a victim?
24 March 2007
at 9:32 a.m.

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ASBESTOS (Anonymous) says…

He is a victim, but a victim of his own illegality. That is why these businesses hire them, to pay them less and to withold wages.

You can pour all the manure on it you wnat, but roses will not grow here on this issue.
24 March 2007
at 11:35 a.m.

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geekin_topekan (Anonymous) says…

Just substitute “illegal” with “n!@@er” and continue to rant.It's exactly the same for most of the “patriots” on this board.
24 March 2007
at 11:40 a.m.

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ASBESTOS (Anonymous) says…

No way there geekin. This is about laws, not race. YOU may see it thaqt way, but 80-90% of the American Population sees it as a “Law Enforcement “issue, not racial.

Only those that support illegal immigration support crap like this.

This guy, got his rights to him, due process, and the wages. However, now it is time to deprot, he should have never been here.
24 March 2007
at 11:49 a.m.

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Agnostick (Anonymous) says…

And the main reason these businesses want to pay less and withhold wages: profit maximization.

The lie these people push is that it somehow holds down product costs. They use the scare tactic that if we don't allow low-earning illegals to work in meat processing plants, ground beef will shoot up to $8/pound.

Competition will regulate the price of ground beef (and other products) better than wages.

Agnostick
agnostick@excite.com
http://www.uscentrist.org
24 March 2007
at 11:55 a.m.

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crazyks (Anonymous) says…

I don't care if people are black, white, or pea-green purple…if they want to come to this country, do it legally.

What exactly is wrong with that? We have laws against illegal immigrants. Why are you against enforcing them?
24 March 2007
at 11:59 a.m.

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Marion (Marion Lynn) says…

geekin:

Take a chill pill.

This is NOT an issue of race but rather one of law.

Nice try at spin but it won't work.

Thanks.

Marion.
24 March 2007
at 1:15 p.m.

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ljreader (Anonymous) says…

Geekin- If you are opposed to people being treated as slaves (or the name you prefer)- Take it up with the illegal employers! They are the ones who are treating people this way- not those of us who recognize it. The President and most Democrats allow and promote it. You should be outraged- but not at anyone but those directly involved in this human exploitation that amounts to nothing more than the closest we can get to modern day slavery.
This is a great article in that it exposes both the exploitation of illegals and the fact that Americans DO want the jobs, and that lawful employers are unable to compete with those that unlawfully hire illegal labor.

Anger over immigration mess is not just a Republican thing
“The pay was minimum wage, no benefits. Employees said that Insolia would fine them $20 if they used too much toilet paper or were a minute late. He charged them 25 cents for a Tylenol. Heat was frequently off in mid-winter, and the emergency back door chained”

http://seattletimes.nwsource.com/html…

_________________________
Guest workers don't fare much better. In fact, according to Bill Chandler, executive director of the Mississippi Immigrant Rights Alliance, “Organizations that are fighting for the rights of workers and advocating on behalf of workers should be totally opposed to these kind of programs,” he declared. “The conditions that people work in here are so exploitative they're worse than the conditions even for undocumented workers.”
The rest of the article:
Guest Workers Fired After Protesting Slavelike Conditions

http://www.politicalaffairs.net/artic…
24 March 2007
at 9:53 p.m.

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Wilbur_Nether (Anonymous) says…

Re: the semantic discussion around “illegal” vs. “criminal.”

Anyone willing to be labeled a criminal for overparking at the meter? For double-parking while dropping of the video at the store? For going 3 miles an hour over the speed limit? For crossing the street away from the crosswalk?

I remember reading something once about the person without sin being allowed to cast a first stone.
24 March 2007
at 10:07 p.m.

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bearded_gnome (Anonymous) says…

so, he breaks into a home. while there, another person who owns the house but is also a crook, takes advantage of him. first guy whines “I've been ripped off” forgetting that nobody made him break into the house in the first place. while there, he acted like it was his right to be there. he meanwhile made life difficult for those already living in the house by stealing from them and by lowering their wages.

case closed, first guy gets paid by the second crook who loses a bunch of stuff. first guy tells all his buddies “look, I did it, so can you! come on in!” great.
24 March 2007
at 11:47 p.m.

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Newell_Post (Anonymous) says…

Wilbur:

Sure, those things are crimes albeit minor ones. If you get caught you pay a small fine and you have discharged your debt to society. I've paid a few traffic tickets.

If illegal aliens get caught they should be deported. That's all anyone is saying. If an employer knowingly and willingly hires an illegal alien, the employer should also be punished. However, if an illegal alien deceives an employer by providing fake ID for the I-9 form, then the employer should be held blameless, but the illegal alien has committed further crimes: forgery and/or identity theft. In the latter case, the illegal alien should be jailed and THEN deported.
25 March 2007
at 10:22 a.m.

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jrlii (Anonymous) says…

I was a bit shocked the other day when a waitress told me that her entire Kansas minimum wage pittance was withheld, to cover taxes due on her tips. If I figured right, for that to be appropriate she needs to collect over $15.66/hour in tips.
25 March 2007
at 12:10 p.m.

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ASBESTOS (Anonymous) says…

“Anyone willing to be labeled a criminal for overparking at the meter? For double-parking while dropping of the video at the store? For going 3 miles an hour over the speed limit? For crossing the street away from the crosswalk?”

Technically YES illegal activities, everyone of them. Criminality is a different matter altogether. ANd YES coming across a border that you know you aren't supposed to cross is criminal on the 2 burdens of proof, 1.) Was the act illegal (yes crossing a countries border in violation of immigration law is illegal) and 2.) did the person committing the act KNOW it was illegal. ( In the case of illegal aliens they know full well it is illegal, and they face deportation.

It meets all the merits legally of being criminal.

“…but the illegal alien has committed further crimes: forgery and/or identity theft. In the latter case, the illegal alien should be jailed and THEN deported.”

knowingly committed these crimes. They know they cannot make their own DL's or SS Cards! Making them and knowingly using them to give false identification is illegal and criminal as well.
31 March 2007
at 12:17 p.m.

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jbbranna (Anonymous) says…

Forcing businesses to pay undocumented aliens the same as legal workers removes incentives for businesses to hire illegals. Putting this kind of accountability on firms for hiring and exploiting illegals is exactly what is needed to solve this crisis. Eventually it will become more cost-effective for firms to hire legal workers to avoid the risk of paying penalties for illegal workers. Moreover, fewer opportunities for illegals will decrease the incentives for them to jump the border. The United States has not been a passive agent in immigration. Our business practices have practically laid out the red carpet for illegals, and it is about time something is done about it. Why should immigrants stop coming to the United States if we are readily employing them for much higher wages? We need to make changes on both sides of the Rio Grande to address this economic climate that induces emigration from Mexico. Furthermore, any steps that avoid the exploitation of these immigrants is positive. We should not forget that regardless whether or not they are protected by the Constitution, all individuals, regardless of citizenship, have basic human rights.
31 March 2007
at 12:44 p.m.

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jbbranna (Anonymous) says…

After reading the above postings, I wanted to expand on one of my arguments posted above: Why should immigrants stop coming to the United States if we are readily employing them for much higher wages? In all honesty, do you believe that if you could make three to five times your current salary you wouldn't take what ever means necessary to do so? Millions of Mexicans live below the poverty line. Bureaucracy puts the vast majority of the wealth in the hands of very few. The education system is woefully underfunded and ineffective. For many Mexicans, life couldn't be any worse. So, thousands entrust their lives to coyotes (or human smugglers) to guide them through the deserts of southern Arizona, West Texas, New Mexico, and California where they dodge cacti, border guards, armed vigilantes, and 115 degree daytime temperatures hoping to feed their families. If anything goes wrong, these coyotes will abandon them in the desert and leave them for dead. Hundreds of bodies are found having died this way every year, and possibly hundreds more are never found. These immigrants are willing to take such risks not to take your jobs or to “break into [your] home.” They do it because such a better life does lie ahead for them. Many personally know undocumented aliens already prospering in the U.S. They know they will get higher paying jobs once they make it into the country and can give their families the lives they have dreamed of.

In order to solve this problem we need to address the problems in Mexico from education to the economy and make it so damning to hire illegal immigrants here that no company will take the risk. The argument that employers are tricked by false identification is, for the most part, hogwash. Bars are held accountable when under-aged kids drink even if they are presented with a fake id. Authentification equipment is available and not prohibitively expensive, and many bars use such machines. Why should Burrito Express be held to a lesser standard? If in doubt, businesses can and should contact the INS to verify documents.
31 March 2007
at 1:11 p.m.

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deec (Anonymous) says…

But adequately penalizing the employers would hurt the businesses. We can't have that in shrubco.
31 March 2007
at 1:45 p.m.

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gerard_1 (Anonymous) says…

wooooooot
31 March 2007
at 1:57 p.m.

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livingstone (Anonymous) says…

Be rational, many of you. The court says that anyone should be paid a wage for a promise. It doesn't mean that you can exploit an illegal! We're all human being. This very mindset lands us trouble around the world. We can make the employer pay the wage, while at the same time, deport the illegal workers!

I know even here at the University, foreign workers are being “exploited”….

That lands the British into trouble of getting too close to the Iranian waters and get themselves caught! What if we see some Iranian soilders on our waters… will it become an “issue”?