Thread: Illegal immigrants sue Cafe Express

Tried to find more on this story but unsuccessful.

http://www.pegasusnews.com/news/2006/de ... e-express/

Illegal immigrants sue Cafe Express

By Pegasus News wire



More people have jumped on a lawsuit that claims the Houston-based Cafe Express restaurant chain agreed to sponsor employed illegals to become permanent residents, but failed to do so.

If that's what the company promised and didn't do, then that's not good. But, ah, are illegal immigrants allowed to sue in this country? Guess that's a moot question.

Posted by Blair

http://www.lawcash.com/attorney/4915/ca ... awsuit.asp

Immigration Class Action Filed Against Wendy's International, Inc.
Case ID: 4915 | Employment | 09/19/2006

A class action immigration lawsuit has been filed against Cafe Express, its parent company Wendy's International, Inc. and its former law firm on behalf of nearly 100 undocumented employees who were recently fired.

According to the lawsuit, the restaurant defendants and the Houston-based law firm missed a 2001 deadline to file paperwork that could have allowed the employees to become permanent U.S. residents. The employees then were fired because they lacked resident status.

Under the Legal Immigration and Family Equity Act of 2000, undocumented immigrant workers were allowed to file for permanent residency status. The one-time opportunity was dependent upon their Alien Labor Certification Application being on file April 30, 2001.

Cafe Express developed a program in which the restaurant defendants and the law firm would complete and file the applications for the employees, and the company would deduct $25 from the employee's weekly paychecks to cover the legal fees.

However, plaintiffs allege that the law firm missed the 2001 application deadline. The employees were not notified of the mistake at the time, and the weekly deductions continued from May 2001 through December 2005.

The employees were informed of the missed deadline on July 7, 2006, when Cafe Express sent a letter informing them that their applications could not be successfully completed. The employees were also told that unless they could prove that their applications were filed on time, independent of the law firm, they would be fired on Sept. 15, 2006.

The lawsuit seeks to represent any undocument employee of Wendy's that claims his/her paperwork was not submitted by Cafe Express in a timely fashion.

Here's an amnesty I never even knew about.

http://www.ailc.com/publicaffairs/facts ... IFEAct.htm

December 21, 2000

Legal Immigration Family Equity Act

Today, President Clinton signed a major immigration legislative package called the Legal Immigration Family Equity Act (LIFE) into law. This is alternative legislation to the Latino Immigration Fairness Act (LIFA) that was previously proposed. The Immigration and Naturalization Service (INS) is developing guidance for implementation of this new law, which will include instructions on how to apply under the new provisions.

Among the changes in the law are the following:

Section 245(i) of the Immigration and Nationality Act will be available temporarily to people physically present in the United States on the date of enactment, December 21, 2000. The provision will allow a person who qualifies for permanent residency, but is ineligible to adjust status in the United States because of an immigration status violation, to pay a $1,000 penalty to continue processing in the United States. In order to be eligible for 245(i) adjustment under the LIFE Act, a person must be the beneficiary of an immigrant petition or application for labor certification filed on or before April 30, 2001.


A new temporary "V" non-immigrant status will be available to the spouses and minor children of lawful permanent residents waiting more than three years for an immigrant visa based upon an immigrant petition filed on or before the enactment date of the LIFE Act. Persons granted "V" status would receive employment authorization and are protected from removal.


A new temporary "K" visa status will be available to spouses of U.S. citizens (and their children) living abroad. The current K visa is only available to fiancées of U.S. citizens who are coming to the United States to get married within 90 days of arrival.


Persons who filed before October 1, 2000, for class membership in one of three "late amnesty" lawsuits (CSS v. Meese, LULAC v. INS, and Zambrano v. INS) and who are eligible under the LIFE Act's amended legalization provisions may apply to adjust status during a 12-month period that begins once regulations are issued. Spouses and unmarried children of the class action claimants will be protected from certain categories of removal and will be eligible for work authorization if they entered the United States before December 1, 1988 and resided in the United States on that date.
— INS —

Originally Posted by loservillelabor

http://www.lawcash.com/attorney/4915/cafe-express-wendys-international-lawsuit.asp

Immigration Class Action Filed Against Wendy's International, Inc.
Case ID: 4915 | Employment | 09/19/2006

A class action immigration lawsuit has been filed against Cafe Express, its parent company Wendy's International, Inc. and its former law firm on behalf of nearly 100 undocumented employees who were recently fired.

According to the lawsuit, the restaurant defendants and the Houston-based law firm missed a 2001 deadline to file paperwork that could have allowed the employees to become permanent U.S. residents. The employees then were fired because they lacked resident status.

Under the Legal Immigration and Family Equity Act of 2000, undocumented immigrant workers were allowed to file for permanent residency status. The one-time opportunity was dependent upon their Alien Labor Certification Application being on file April 30, 2001.

Cafe Express developed a program in which the restaurant defendants and the law firm would complete and file the applications for the employees, and the company would deduct $25 from the employee's weekly paychecks to cover the legal fees.

However, plaintiffs allege that the law firm missed the 2001 application deadline. The employees were not notified of the mistake at the time, and the weekly deductions continued from May 2001 through December 2005.

The employees were informed of the missed deadline on July 7, 2006, when Cafe Express sent a letter informing them that their applications could not be successfully completed. The employees were also told that unless they could prove that their applications were filed on time, independent of the law firm, they would be fired on Sept. 15, 2006.

The lawsuit seeks to represent any undocument employee of Wendy's that claims his/her paperwork was not submitted by Cafe Express in a timely fashion.

Thanks loservillelabor.