Thread: 21 who skipped work for boycott fired

21 who skipped work for boycott fired
Erik Loyd | Friday, May 5 2006 10:25 PM
Last Updated: Friday, May 5 2006 11:07 PM

America’s immigration debate has hit home for a Bakersfield business owner.

Photos:
Photo by Casey Christie
Burns Drywall and Plastering owner Jeff Burns fired several employees who stayed home from work last Monday to observe the immigration boycott.
Links:
See the memo for yourself
Jeff Burns, owner of Burns Drywall & Plastering Inc., fired at least 21 Latino employees who he said didn’t show up for work on Monday because of the “day without immigrants” boycott in Bakersfield.

Although Burns’ decision to terminate the workers has won praise from supporters, it has also hurt him financially — and placed him on uncertain legal ground.

Burns knew that the men were discussing the planned protest of legislation that would attempt to seal off the U.S.-Mexico border and make criminals of illegal immigrants and those who assist them.

“I got together with everyone who works for me,” Burns said. “I had bilingual people there. I told them, ‘We’re here to work. We don’t play politics. Do that on your own time.’”

To make his policy unmistakably clear, Burns drew up a memo warning the workers that they would be fired for participating in the boycott. Workers were instructed to sign an attached sheet to acknowledge the warning.

“By not showing up for work, you do harm to Burns Drywall & Plastering, Inc. and our customers,” the memo reads. “We lose jobs, good customer relationships, it harms our name and reputation and we lose money.”

By about 7 a.m. on Monday, Burns knew where he stood. Several men were missing.

“It was pretty lonely here,” Burns said. “I knew they weren’t coming. I went on with the skeleton crew I had.”

But the absentees showed up the next day. Burns said he called a meeting and asked their whereabouts the day before. “We had to march,” was the reply, Burns said.

“So I said, ‘You can march on out that gate — you can’t work here anymore. I told you what would happen,’” Burns said. There was no trouble as the workers left.

Burns’ actions raise questions with cloudy answers. While he is certain that most, if not all, of his crew are illegal immigrants, he is uncertain if he is obligated to verify the authenticity of the documentation they present when applying for a job.

Burns said he doesn’t have the means to perform such checks, and he needs the manpower. What’s more, he doesn’t know if there are legal ramifications to terminating the workers over a dispute that’s as much political as it is about the bottom line.

Dean Fryer, spokesman for California Department of Industrial Relations, said an employer could be found to have discriminated against employees if they are fired for taking part in a political event. On the other hand, “If they didn’t show up as scheduled, the employer has every right to take discipinlnary action against employees,” Fryer said. “There’s a fine line here.”

And whether the workers are illegal is irrelevant to the state, Fryer said.

“Documentation is not an issue,” he said. “That’s a federal issue.”

Burns said he fired some of his most skilled employees, which is costing the business $2,000 to $3,000 per day in lost production, but he has made a few new hires. While Burns was talking to The Californian by phone at midday Friday, two more Spanish-speaking job seekers were heard in the background.

Burns and his wife, Debbie, said they’re receiving a wave of calls from supporters across the state, reinforcing their conviction that their action was correct — even if it hurts personally and financially.

“My decision was based on the fact that I’m an American,” he said. “I’m not worried about my dollar today — I’m worried about my country tomorrow.”
http://www.bakersfield.com/102/story/50120.html

If anyone can get ahold of his address, we should send this man the ALIPAC employer flyer. Send him a bunch. Maybe he can distribute amongst other contractors in his area. It's a start....

My decision was based on the fact that I’m an American,” he said. “I’m not worried about my dollar today — I’m worried about my country tomorrow.”

Hope more would have that attitude.

Do a search on Yahoo for Burns Drywall & Plumbing. His company name and address is the first one. I'll send the flyer tomorrow.

Good job, Home!

Thanks. I can't do much but am pleased to do whatever I can and hope it helps.

While he is certain that most, if not all, of his crew are illegal immigrants,

Did he really think warning illegal aliens would make a difference?

“My decision was based on the fact that I’m an American,” he said. “I’m not worried about my dollar today — I’m worried about my country tomorrow.”

What was he worried about when he hired illegals initially? It certainly wasn't his country.

While Burns was talking to The Californian by phone at midday Friday, two more Spanish-speaking job seekers were heard in the background.

I can't help but wonder if he'll hire the next illegals through the door as he did before.

Sorry but I can't feel sorry for anybody who's now loosing money because he fired illegals. I feel sorry for the US workers he didn't hire in the first place since he could get the illegal workers cheaper.

good for him! I'm glad to see someone say he's an American first -- maybe other people will follow his lead.

And legally, those employees don't have a leg to stand on and they were WARNED

The dominant drywall company here (Tucson) is Valenzuela Drywall. I believe they've already closed down twice to the various protests already. It would be hard not to use their services though, they are practially the only company providing subcontractors to builders. The builders here encourage the uses of illegal labor.

Good for him! I definitely want to write him.