Comments on: Court ruling: Illegal workers can sue for OT pay http://www.hrmorning.com/court-ruling-illegal-workers-can-sue-for-ot-pay/ Your daily dose of HR Thu, 18 Mar 2010 13:43:13 -0400 http://wordpress.org/?v=abc hourly 1 By: nicole http://www.hrmorning.com/court-ruling-illegal-workers-can-sue-for-ot-pay/comment-page-1/#comment-5888 nicole Tue, 24 Feb 2009 18:42:59 +0000 http://www.hrmorning.com/?p=868#comment-5888 I think the lesson from this is that you should pay all workers correctly to avoid legal challenges. I think the lesson from this is that you should pay all workers correctly to avoid legal challenges.

]]> By: Dash http://www.hrmorning.com/court-ruling-illegal-workers-can-sue-for-ot-pay/comment-page-1/#comment-5847 Dash Mon, 23 Feb 2009 16:42:36 +0000 http://www.hrmorning.com/?p=868#comment-5847 The compnay evidently asked for paperwork, although it is not stated that an I-9 was completed. If the company did not complete the I-9, they are at fault and should suffer consequesces. But the immigrant KNEW he was violating the law and presenting papers that did not belong to him. What is the rest of the story? Is he staying in the country illegally while the lawsuit goes on? Where is he getting income as this continues....sometimes for years. Surely the good ole USA is not supporting him with our taxes while he pursues this case!!! The compnay evidently asked for paperwork, although it is not stated that an I-9 was completed. If the company did not complete the I-9, they are at fault and should suffer consequesces. But the immigrant KNEW he was violating the law and presenting papers that did not belong to him. What is the rest of the story? Is he staying in the country illegally while the lawsuit goes on? Where is he getting income as this continues….sometimes for years. Surely the good ole USA is not supporting him with our taxes while he pursues this case!!!

]]> By: Elaine martin http://www.hrmorning.com/court-ruling-illegal-workers-can-sue-for-ot-pay/comment-page-1/#comment-5735 Elaine martin Wed, 18 Feb 2009 21:36:15 +0000 http://www.hrmorning.com/?p=868#comment-5735 Brian - you say "how is it fair that a company does everything it’s supposed to, yet could still end up paying legal fees for protecting itself against someone who committed fraud to get a job?" It's not fair. I just don't think that this was what happened here. Brian – you say “how is it fair that a company does everything it’s supposed to, yet could still end up paying legal fees for protecting itself against someone who committed fraud to get a job?” It’s not fair. I just don’t think that this was what happened here.

]]> By: Brian http://www.hrmorning.com/court-ruling-illegal-workers-can-sue-for-ot-pay/comment-page-1/#comment-5732 Brian Wed, 18 Feb 2009 19:36:54 +0000 http://www.hrmorning.com/?p=868#comment-5732 "The Hoffman Plastic case involved an undocumented Mexican worker who had fraudulently used a birth certificate belonging to a friend born in Texas to get a job at a factory in California." I'm going by what was written here. I feel differently about companies who don't complete I-9's. If that's the case, then they are in the wrong. Regardless, I understand both sides of this particular argument. Companies would be able to take advantage of illegals, knowing that they have no recourse. On the other hand, there has to be something to deter illegals - how is it fair that a company does everything it's supposed to, yet could still end up paying legal fees for protecting itself against someone who committed fraud to get a job? “The Hoffman Plastic case involved an undocumented Mexican worker who had fraudulently used a birth certificate belonging to a friend born in Texas to get a job at a factory in California.”

I’m going by what was written here. I feel differently about companies who don’t complete I-9’s. If that’s the case, then they are in the wrong. Regardless, I understand both sides of this particular argument. Companies would be able to take advantage of illegals, knowing that they have no recourse. On the other hand, there has to be something to deter illegals – how is it fair that a company does everything it’s supposed to, yet could still end up paying legal fees for protecting itself against someone who committed fraud to get a job?

]]> By: Elaine martin http://www.hrmorning.com/court-ruling-illegal-workers-can-sue-for-ot-pay/comment-page-1/#comment-5731 Elaine martin Wed, 18 Feb 2009 19:17:45 +0000 http://www.hrmorning.com/?p=868#comment-5731 It's not clear from what I read (here and on other websites) that the foreign nationals committed fraud. Yes, they did not have work authorization, but maybe the company hired them without checking this. I can't tell whether the company completed the necessary I-9 forms. It’s not clear from what I read (here and on other websites) that the foreign nationals committed fraud. Yes, they did not have work authorization, but maybe the company hired them without checking this. I can’t tell whether the company completed the necessary I-9 forms.

]]> By: Brian http://www.hrmorning.com/court-ruling-illegal-workers-can-sue-for-ot-pay/comment-page-1/#comment-5699 Brian Tue, 17 Feb 2009 13:02:46 +0000 http://www.hrmorning.com/?p=868#comment-5699 Ok, so he was paid his back pay and sent back to Mexico, right? Come on, I'm a liberal guy, but he fraudulently obtained a job. Ok, so he was paid his back pay and sent back to Mexico, right? Come on, I’m a liberal guy, but he fraudulently obtained a job.

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