Thread: CA-Company says it was extorted by immigrant-rights activist

Company says it was extorted by immigrant-rights activist

By SALVADOR HERNANDEZ
The Orange County Register
October 8, 2009

Nativo Lopez is accused in lawsuit of trying to force frozen foods company to retain undocumented workers.

An immigrant-rights activist, who faces felony charges of voter fraud, is also involved in a second legal battle – fighting a lawsuit that claims he and others attempted to force a frozen foods company to retain dozens of undocumented employees.

Nativo Lopez, national director of Hermandad Mexicana Latinoamericana and a polarizing figure in Orange County politics, is one of seven defendants named in a lawsuit filed by Overhill Farms, a frozen foods manufacturer based in Vernon. Overhill Farms alleges it was the victim of defamation and extortion after the company let go of more than 250 employees who allegedly provided invalid Social Security numbers to the company.

In a lawsuit filed in Orange County Superior Court, the company alleges Lopez and the other defendants "have been using a variety of unlawful, extortionate tactics to force the Company to displace workers who have established their right to work in the United States, with employees who have been unable or unwilling to obtain lawful authorization to work in the United States."

The company also accuses Lopez and the six other defendants of defaming the company by making statements and distributing leaflets calling the company racist.

Attorneys representing Lopez and former employees of Overhill Farms are asking the court to dismiss the case, stating in court filings that employees are merely exercising their right of speech. They call the lawsuit "an attempt by a large corporation to silence a small group of former employees and their advocate." The defendants also allege that some employees were let go because they participated in public protests, and not because of discrepancies in their Social Security numbers.

For Nativo Lopez, it's a second front in his current legal battles.

On June 24, Lopez surrendered to authorities in Los Angeles after he was charged with fraudulent document filing, perjury and fraudulent voting.

Prosecutors allege that in January 2008, Lopez registered to vote in Boyle Heights, where he has an office with Hermandad Mexicana Latinoamericana, even though he continued to live in Orange County, where he was previously registered.

Lopez faces up to three years and eight months in prison in that case, in which he pleaded not guilty and called the charges bogus.

About a week after Lopez surrendered to authorities, Overhill Farms filed its lawsuit against Lopez and six former employees of the company.

"Overhill Farms brings this action to redress an unlawful campaign to coerce the Company into employing hundreds of illegal aliens," the lawsuit states.

The case stems from an audit conducted by the Internal Revenue Service, which found that 260 workers had provided invalid or fraudulent Social Security numbers. According to its complaint, Overhill Farms in April notified those employees of the discrepancies and gave them 30 days to provide accurate information. On May 31, the company fired those employees who either admitted to providing false information or failed to respond.

In court documents the defendants claim the company could have given employees additional time to provide verifiable information and that they did not have be fired.

"If we had continued to employ them we would have been criminally liable," said Alexander Auerbach, spokesman for the company and a member of its board of directors. "(Lopez) is trying to force the company to do something which is illegal."

Lopez directed questions to attorneys representing him in the case.

In an affidavit filed in court, one of the defendants, Bohemia Y. Augustina Saquilau said she contacted the employees' union, United Food and Commercial Workers, Local 770, who told her they were not going to be involved. She and 25 other employees formed a committee (Consejo Obrero de Overhill Farms) to address the issues and reach out to other organizations.

Overhill Farms alleges that Lopez inserted himself in the middle of the conflict, between the company and the contracted union, in an effort to pull influence away from Local 770 and into another union where he held more sway, according to the complaint.

Carol A. Sobel, an attorney representing the defendants, said even if that was the case, employees had a right to look to another organization if the union was not addressing its needs.

"I think it's kind of a smear campaign," Sobel said. "There's nothing in this case that can save Overhill Farms"

Sobel said she believes the lawsuit is an effort on behalf of the company to silence protests that have occurred in front of the company in Vernon and in front of Panda Express restaurants, which contracts with the company.

"(Employees) were told they don't want employees like that," Sobel said.

Auerbach, spokesman for Overhill, said one of the defendants was let go after he was spotted participating in a protest with a sign that called the company racist.

"It's illegal for a company to be racist and discriminate," Auerbach said.

The employee was let go because, with the sign, he was alleging the company was committing an illegal act, Auerbach said.

"That is not allowed under our labor agreement," he said.

Auerbach said the company has not lost any contracts since the protests began, but it has spent hundreds of thousands of dollars in legal fees dealing with the unverified Social Security numbers.

A hearing on the motion to dismiss the case is scheduled for Oct. 30.

Contact the writer: shernandez@ocregister.com or 949-454-7361

http://www.ocregister.com/articles/comp ... hill-farms

Stealing American Jobs takes on a new meaning here...pathetic trash

In court documents the defendants claim the company could have given employees additional time to provide verifiable information and that they did not have be fired.

Additional time for the printing presses to turn out fake IDs?
Freedom of speech, when you owe no allegiance to this country to begin with and you are here not to embrace this country but rob us of everything you can get your hands on?

The company also accuses Lopez and the six other defendants of defaming the company by making statements and distributing leaflets calling the company racist.

WOW! cannot say as i'm surprised one bit! When all else fails, use the race card as a mechanism to further your illegal invasion and intimidate America and her citizens!!

Nativo Lopez should be making license plates in some Federal prison right about now. On second through, this traitor loves mexico and it's illegals so much, make that a mexican prison. Hermandad Mexicana Latinoamericana is another organization that is a detriment to this country, (much like ACORN) and should be investigated fully.

AH, maybe the tables are turning on the pro advocate left wing radical racist groups trying to stop companys from obeying the laws!

The boy who cried wolf effect is hitting the racist card at last!