Thread: NY Judge: Illegal Workers Entitled to Back Pay

Originally Posted by CCUSA

I agree GhostCrocket.


Any and all money should be confiscated immediately from Employers and Employees and applied for lost revenue for states!

Maybe that's something we should be pushing our legislators for...

It is really quite interesting how people can offer opinions on a topic without knowing ALL of the facts.

So, let's set the record straight concerning these seven "poor" illegal immigrants.


1. The seven plaintiffs in question admitted at their depositions that they used falsified social security numbers in order to gain employment.

2. The seven plaintiffs in question admitted that. erven though they were illegal immigrants and not authorized to work in the United States, they failed to disclose this information to Kel-Tech, instead, they provided falsified information.

3. The seven plaintiffs in question did not file income tax returns, and did not pay taxes on their illegally earned wages -- something they continue to do to this day.

4. AND, contrary to what Mr. Ambinder states in the article, Kel-Tech did NOT "cut two checks each week in each worker's name but cashed and kept the money from one of them while claiming it was paying the worker the prevailing wage." NOT ONE single worker has testified or submitted an affidavit to that effect on the summary judgment motion, and Mr. Ambinder's rash, and untruthful, comment, could subject him and his firm to liability.

SO THERE YOU HAVE IT, TAKE HEART ALL OF YOU ILLEGALS OUT THERE, ACCORDING TO THE JUDGE'S DECISION, YOU CAN VIOLATE THE IMMIGRATION LAWS, COMMIT TAX FRAUD, AND THEN GO TO COURT AND ASK FOR ITS HELP IN RECOVERING MONEY YOU CLAIM YOU EARNED AS A RESULT OF AN ILLEGAL TRANSACTION.

AND BY THE WAY, AS THE PAYROLL REGISTERS AND CHECKS ISSUED TO, AND CASHED BY, THE ILLEGAL IMMIGRANT PLAINTIFFS CLEARLY ESTABLISH, THEY WERE PAID THE PREVAILING WAGES AND BENEFITS, AND IN THE CASE OF ONE PLAINTIFF -- JOSE ARCHILLA, HE WAS PAID A RATE HIGHER THAN THE PREVAILING WAGES.

a1lawyer
Nice to meet you. Welcome.

Your post was most interesting and it's easy to understand why you're disturbed.

May I ask you a question?
Have you ever donated or given thought to donating your time & skills to helping any of the Americans that have lost their jobs due to the practice of hiring Illegal Aliens.

Or perhaps you might think about helping some of the Americans and Legal Residents that have lost loved ones due to the common activity of Illegal Aliens driving without valid licenses while drunk?

We could use your help, A1. There are travesties being perpetrated around the country, as you have just participated in one with this case.

It's sure does stick in the craw when an Illegal entrant can play the system while American citizens are left to hang out to dry.

Anyhoo, very glad you took the time to post.

Originally Posted by a1lawyer

It is really quite interesting how people can offer opinions on a topic without knowing ALL of the facts.

So, let's set the record straight concerning these seven "poor" illegal immigrants.


1. The seven plaintiffs in question admitted at their depositions that they used falsified social security numbers in order to gain employment.

2. The seven plaintiffs in question admitted that. erven though they were illegal immigrants and not authorized to work in the United States, they failed to disclose this information to Kel-Tech, instead, they provided falsified information.

3. The seven plaintiffs in question did not file income tax returns, and did not pay taxes on their illegally earned wages -- something they continue to do to this day.

4. AND, contrary to what Mr. Ambinder states in the article, Kel-Tech did NOT "cut two checks each week in each worker's name but cashed and kept the money from one of them while claiming it was paying the worker the prevailing wage." NOT ONE single worker has testified or submitted an affidavit to that effect on the summary judgment motion, and Mr. Ambinder's rash, and untruthful, comment, could subject him and his firm to liability.

SO THERE YOU HAVE IT, TAKE HEART ALL OF YOU ILLEGALS OUT THERE, ACCORDING TO THE JUDGE'S DECISION, YOU CAN VIOLATE THE IMMIGRATION LAWS, COMMIT TAX FRAUD, AND THEN GO TO COURT AND ASK FOR ITS HELP IN RECOVERING MONEY YOU CLAIM YOU EARNED AS A RESULT OF AN ILLEGAL TRANSACTION.

AND BY THE WAY, AS THE PAYROLL REGISTERS AND CHECKS ISSUED TO, AND CASHED BY, THE ILLEGAL IMMIGRANT PLAINTIFFS CLEARLY ESTABLISH, THEY WERE PAID THE PREVAILING WAGES AND BENEFITS, AND IN THE CASE OF ONE PLAINTIFF -- JOSE ARCHILLA, HE WAS PAID A RATE HIGHER THAN THE PREVAILING WAGES.

You sound like Kel-Tech's defense attorney. If what you say is true, those documents should provide Kel-Tech with all the defense it needs.

You might recommend to your clients to start hiring Americans so these kinds of problems don't come up in the future. A good rule of thumb is to NEVER hire anyone that doesn't speak English. It's a safety issue on construction sites, legal or not.

I realize that in a discussion forum there are often good reasons for maintaining one's anonymity, but when making specific legal claims I would think that one should either provide some substantiation for those claims or else prepare to have those claims taken with a grain of salt. Are you listening, a1lawyer, or was your post just a hit and run?

But let's point out that all that has happened is that the judge has allowed the suit to proceed. There has been no ruling because there has been no trial. If our a1lawyer is accurate, the plaintiffs in this case should not prevail. I would also hope that ICE is waiting outside the courtroom along with the taxman, assuming that the evidence can show that the plaintiffs were required to file and pay and willfully failed to do so.

None of this, of course, absolves Kel-Tech of hiring illegal aliens. Mr. a1lawyer, I hope your services cost the defendant such a pretty penny that he learns his lesson about screwing the American worker by hiring illegals. In other words, it looks to me like both sides in this case need to lose and lose in a very painful fashion.

3. The seven plaintiffs in question did not file income tax returns, and did not pay taxes on their illegally earned wages -- something they continue to do to this day.

Now just why the heck weren't taxes withheld by the employer on their illegally earned wages?

Originally Posted by had_enuf

3. The seven plaintiffs in question did not file income tax returns, and did not pay taxes on their illegally earned wages -- something they continue to do to this day.

Now just why the heck weren't taxes withheld by the employer on their illegally earned wages?

They were probably hired as contract laborers and 1099ed.

Originally Posted by CrocketsGhost

Originally Posted by had_enuf

3. The seven plaintiffs in question did not file income tax returns, and did not pay taxes on their illegally earned wages -- something they continue to do to this day.

Now just why the heck weren't taxes withheld by the employer on their illegally earned wages?

They were probably hired as contract laborers and 1099ed.

We use 1099-MISC for ALIPAC and from all of our consultations with everyone involved, the IRS is not even sure we have to do that since we are such a specific kind of political 527 corp.

We are doing it to be more safe than sorry and to let everyone know ALIPAC is about doing things the best way.

Our understanding is that when a company does a 1099, that company or organization is clear on their responsibilities to the law as long as the worker meets the Independent Contractor guidelines. It is then up to the worker to pay those taxes.

I can tell you first hand that those taxes take a real bite because the worker ends up having to pay both the employer's share of the taxes and their own share. When W-2's are used then the employer pays about half of the tax and the employee pays the other.

But if this employer was able to dictate when these workers would or would not be working then they can't use 1099s. One of the key elements to being an independent contractor or not is if the worker can make their own hours.

If the company sets their hours then they should have been on W2s.

That is just my understanding of it.

W

Originally Posted by CrocketsGhost

Originally Posted by had_enuf

3. The seven plaintiffs in question did not file income tax returns, and did not pay taxes on their illegally earned wages -- something they continue to do to this day.

Now just why the heck weren't taxes withheld by the employer on their illegally earned wages?

They were probably hired as contract laborers and 1099ed.

I would agree. That doesn't come out of payroll either. It is accounted for in Accounts Payable.

Dixie

There can be a lot of abuse with the 1099s. The employer can claim that he paid a lot more for services than he did for a write off and the contractor can give the employer a fake SS number and throw the I-9s (I think) in the trash or give a fake address and accept cash for services rendered and not pay taxes. Also, contractors don't pay into SS, via payroll deductions.

Dixie