Thread: Employers of illegal aliens can be sued by competitors

http://www.alamanceind.com/newfol~4/immig_48.html

This is an older article, but it was something I had never heard of, maybe you did.



Federal appeals court rules employers of illegal aliens can be sued by competitors

While suits against gunmakers by cities and crime victims have
all gone nowhere, due to courts all ruling that companies are not
liable to third parties for lawful acts - and all the class-action
and other third-party suits against cigarette companies by unions,
health-insurance firms, and others seeking compensation for alleged
indirect costs caused by others' smoking have also been rejected on
similar grounds - a federal appeals court in Feb. 2001 ruled that
people committing the felony of hiring illegal aliens can be sued
for triple the costs to third parties of their acts.

In the case of Commercial Cleaning Services LLC v. Colin
Cleaning Systems Inc., No. 00-7571, decided November 15, 2001,
the Second Circuit Court of Appeals ruled that 1996 Anti-Terrorism
And Effective Death Penalty Act does allow RICO suits by both
employers - and by extension, by employees - who are economically
harmed by other companies' hiring cheap-labor illegal aliens in the
local job market.

The appeals court specifically ruled in the 1999-filed case
that a company that loses business due to being underbid by a
competitor having lower costs due to hiring illegal aliens has
suffered a direct-enough injury to be able to sue it in federal
court under that 1996 law - and can get triple damages from that
competitor if it can prove it lost money because that competitor
hired illegals.

What was particularly important is that the Second Circuit
Court Of Appeals ruled that those losing business due to
competitors hiring illegals have what courts have rejected all the
big-city gunmaker lawsuits for lack of: "standing" - the legal term
for the right to file a suit.

Companies hiring illegals now have a whole lot more to worry
about than the rare possibility of an INS prosecution of management
resulting from an INS raid. For instance, will cities and school
districts be next to sue those knowingly hiring illegals - claiming
that their budgets have soared as a result, and seeking three times
the amount some economist can testify in court was the cost? And
will - as happened in the cigarette and gunmaker lawsuits - greedy
trial lawyers soon be seeing this as their next great opportunity?

Very interesting, Darlene.

Did you see this, William??

It makes complete sense that if a company who bids for a job, say a construction company, has a higher bid because they do not hire illegal aliens and lose to a company that does employ them, they SHOULD BE ABLE TO SUE.

The Attorney General should be the one to prosecute considering this is a State project with illegal aliens employed on State property. Not to mention the illegal tactics used by the construction company placing the lower bid because they employ illegal aliens to keep their prices down. It seems to me that the ACLU could be called in to litigate for the construction company. The construction company who employs Legal citizens should not be discriminated against simply because they obey our laws.

I'd be interested to see if the State of North Carolina when seeking bids for a project, check to see if the companies placing bids employ illegal aliens. Should a company who employs illegal aliens submit a bid, NC should send the long arm of the law to visit them, arrest and detain the illegal aliens ( at the construction company's expense) until INS deports them. In the even NC does not check them out and the company is awarded the job, they have received the job using unfair business tactics by employing lesser paid illegal aliens which is against the law.

It would be a good idea for NC to check the credentials of any company they award jobs to before they start work. If not, they are setting a precedence of enormous proportions.

if a company who bids for a job, say a construction company, has a higher bid because they do not hire illegal aliens and lose to a company that does employ them

We've dealt with this for years here in NJ. We're small and are lucky enough to specialize so we've managed BUT and here's the kicker......
we wind up re-doing all the less than code work - dangerously poor work that these companies have done. They've caused fires, etc. and increased expenditures for the "owners" of buildings that have hired them due to the lower bids.

Inspectors are just as corrupt in allowing this type of work to get by the codes.

Absolutely companies can sue employers hiring illegal aliens in violation of US Immigration Laws, US Labor Laws and US Civil Right Laws. Not only the companies but all their employees who are damaged as a result of the illegal and unfair competition!!!

Start calling your lawyers and get these suits filed!!

Every unemployed American who has lost a job and can't get a new one, even though new jobs are being created by the economy and being filled with illegal aliens in violation of all the laws of immigration, labor and civil rights has a case against every one of those companies.

IT IS a total abandonment of law by American Business led by the United States Chamber of Commerce!!!

BTW: The US Chamber just announced its success is getting another law passed in Congress that will now make it MORE DIFFICULT for shareholders to SUE CROOKED CORPORATIONS that stole their money, i. e. Enron. CitiGroup was sued by Enron shareholders and settled out of court for 3.2 Billion for their role in the demise of Enron. Now, they've run to their pay boys in Congress to make sure "that doesn't happen again".

The position of the American People needs to be: any new law passed after January 1 that changed bankruptcy; legal rights of corporate shareholders; immigration law; or any other legal maneuver that can be linked to this plan of pinching the American People into drones of commerce will be rescinded by a single act of law when We decide what needs to be on the LIST.

I am going to see if I can put this to good use here in Illinois.

Mr. Magoo wrote:

I am going to see if I can put this to good use here in Illinois.

Sounds, from what I've been reading, that Illinois is one of the most important battleground states. Much damage has been done legislatively and will take some hefty work!

According to the latest report, NC was rated #7 in the amount of illegal immigrants in the USA.

We are also, I believe 2nd or 3rd on the list for the "fastest growing" illegal immigration population.

We are known throughout the world as one of the easiest states to obtain REAL fake driver's licenses and ID's.
Illegal aliens from all over the world are hiring buses (which are FULL) to bring them to NC to obtain these REAL fake driver's licenses and ID's!

Originally Posted by good12me

According to the latest report, NC was rated #7 in the amount of illegal immigrants in the USA.

We are also, I believe 2nd or 3rd on the list for the "fastest growing" illegal immigration population.

We are known throughout the world as one of the easiest states to obtain REAL fake driver's licenses and ID's.
Illegal aliens from all over the world are hiring buses (which are FULL) to bring them to NC to obtain these REAL fake driver's licenses and ID's!

that's a far cry from being known as the "Battleground of Freedom"