Thread: Discharge of 10-year employee for false work permit lawful

http://hr.cch.com/news/employment/122906a.asp

A 10-year employee and known union supporter was lawfully terminated when her employer discovered she had falsified her work permit. Although the employee's support for a co-worker she believed to have been wrongly discharged was protected, the employer showed that it would have terminated her regardless of her protected activity and earlier participation in unfair labor practice proceedings, ruled a 3-2 panel of the National Labor Relations Board. In affirming an administrative law judge, the Board found that nothing in the timing of the discharge raised an inference of unlawful action (Sara Lee dba Int Baking Co and Earthgrains, 2006-07 CCH NLRB ¶17,220).

In January 2004, as part of a regular review of employee work permits scheduled to expire in 90 days, the director of human relations, believing the employee to be from Mexico, questioned her about the discrepancy in her country of origin on her work permit. The questioning occurred the day after the employee indicated she would support a co-worker who she believed had been wrongly discharged. The employee was given eight days to obtain a letter from the Immigration and Naturalization Service resolving the discrepancy. Although she produced a letter from her attorney, when she did not produce a letter from the INS, she was terminated.

The Board agreed with the ALJ that the employee was not discharged for testifying at the Board hearing. Although writing a letter on her co-worker's behalf was protected, the Board also agreed that the employer successfully established that it would have terminated her regardless of this protected action. The error on her work permit was discovered in the regular course of checking for soon-to-expire work permits, the Board noted. Eight days was a sufficient amount of time to obtain counsel to resolve the matter and she did not ask for additional time.

This should be a lesson to others. Sooner or later you are going to get caught or your conscious may get to you (if you have one).

The sad part of this situation is the fact that this women will hire on somewhere else utilizing the same documents she's been using for the last 10 years to illegally work in the United States. Why didn't the company call ICE and have her apprehended? Simply firing illegal aliens isn't the answer because they'll just go elsewhere for employment. IMO, to stop the cycle, these folks need turned into the proper authorities.

Illegals that are here for years should be hit with RICO type sanctions and have their assets seized. Contrary to popular belief these criminals do have assets. They own cars, houses and many other assets that should be seized by the government.

Originally Posted by Hawkeye

Illegals that are here for years should be hit with RICO type sanctions and have their assets seized. Contrary to popular belief these criminals do have assets. They own cars, houses and many other assets that should be seized by the government.

I Agree they are entiled to nothing if they are here illegally.

Originally Posted by Hawkeye

Illegals that are here for years should be hit with RICO type sanctions and have their assets seized. Contrary to popular belief these criminals do have assets. They own cars, houses and many other assets that should be seized by the government.

Yes I like your way of thinking. I wonder if RICO violations would in some instances cover the crimes of these illegals?

RICO in a nutshell link below;

http://www.ricoact.com/ricoact/nutshell.asp#1962d

I agree that the illegals should lose everything except for the airplane ticket back home. Many times I have mentioned that the government should have an asset forfeiture program to be able to take businesses away from those who hire illegals.

Originally Posted by swatchick

I agree that the illegals should lose everything except for the airplane ticket back home. Many times I have mentioned that the government should have an asset forfeiture program to be able to take businesses away from those who hire illegals.

i agree, sale of their assets could help offset the ever increasing cost of illegal aliens to communities. they should be forced to reimburse social services they have stolen... then deported.

Originally Posted by Lone_Patriot

Originally Posted by swatchick

I agree that the illegals should lose everything except for the airplane ticket back home. Many times I have mentioned that the government should have an asset forfeiture program to be able to take businesses away from those who hire illegals.

i agree, sale of their assets could help offset the ever increasing cost of illegal aliens to communities. they should be forced to reimburse social services they have stolen... then deported.

I agree. I wonder what her attorney had to say in his letter for her? If he was trying to defend an illegal alien after she falsified documents for work, he should be reported for his actions and lose his license to practice law! Why was this woman not turned over to ICE?

I have seen this many times they show up with a letter from their attorney like that is going to prove anything. You have to have authorization to work in this country or forget it. They should have received a letter from Social Security stating her social did not match, no mention of that however after 10 years