Thread: NY Judge: Illegal Workers Entitled to Back Pay

KEL-TECH DID WITHHOLD TAXES FROM THE WAGES IT PAID THESE PLAINTIFFS -- WHO USED OTHER PEOPLES' IDENTITIES TO SECURE THEIR EMPLOYMENT -- AND SENT THE WITHHOLDINGS TO THE PROPER TAXING AUTHORITIES.

THESE POOR ILLEGALS -- WHO WERE ISSUED W-2'S, HOWEVER, NEVER FILED TAX RETURNS, DID NOT DECLARE THEIR INCOME, AND DID NOT PAY THE ADDITIONAL TAXES, PENALTIES AND INTEREST THEY OWE.

Originally Posted by a1lawyer

KEL-TECH DID WITHHOLD TAXES FROM THE WAGES IT PAID THESE PLAINTIFFS -- WHO USED OTHER PEOPLES' IDENTITIES TO SECURE THEIR EMPLOYMENT -- AND SENT THE WITHHOLDINGS TO THE PROPER TAXING AUTHORITIES.

THESE POOR ILLEGALS -- WHO WERE ISSUED W-2'S, HOWEVER, NEVER FILED TAX RETURNS, DID NOT DECLARE THEIR INCOME, AND DID NOT PAY THE ADDITIONAL TAXES, PENALTIES AND INTEREST THEY OWE.

Interested in any pro bono work?

I don't feel sorry for those illegal alien criminals. In the process of committing ID theft, unlawfully working, illegal entry... they have caused a tax burden on the people whos SS numbers they stole and fradulently used. The IRS went after the ligitimate SS card holders for the taxes on the wages they didn't earn.

Dixie

Originally Posted by a1lawyer

KEL-TECH DID WITHHOLD TAXES FROM THE WAGES IT PAID THESE PLAINTIFFS -- WHO USED OTHER PEOPLES' IDENTITIES TO SECURE THEIR EMPLOYMENT -- AND SENT THE WITHHOLDINGS TO THE PROPER TAXING AUTHORITIES.

Sorry, could have sworn I read they didn't pay taxes on their illegally earned wages.

Originally Posted by a1lawyer

THESE POOR ILLEGALS -- WHO WERE ISSUED W-2'S, HOWEVER, NEVER FILED TAX RETURNS, DID NOT DECLARE THEIR INCOME, AND DID NOT PAY THE ADDITIONAL TAXES, PENALTIES AND INTEREST THEY OWE.

And they missed a chance for EIC? Strange, very strange.

BTW, why all the yelling?

Originally Posted by Dixie

I don't feel sorry for those illegal alien criminals.

Me either Dix. They should be jailed if they're not instead of being rewarded.

http://nylaw.typepad.com/new_york_civil ... preva.html
January 26, 2007
New York's Prevailing Wage Applies to Unpaid Wages of Illegal Aliens
Yesterday's New York Law Journal prominently featured Justice Moskowitz's decision Pineda v. Kel-Tech Construction, concerning prevailing wages and paying illegal aliens prevailing wages. Several plaintiffs, who are illegal aliens, sued their employer because the employer failed to pay them certain funds for work they performed as part of several public contracts.

It is important to read Justice Moskowitz's decision because she analyzes the defendant employer's various arguments regarding the aliens' inability to recover on these claims based on their immigration status. Two standouts of the holding include Justice Moskowitz's observation that discovery of an illegal alien's immigration status regarding unpaid wages is irrelevant because the wages have already been earned. Also, Justice Moskowitz held that the defendant employer's argument that the aliens' had broken the law by providing false documentation as to their status created an issue of fact because it was unclear whether the defendant employer checked the aliens' immigration status as required under the Immigration Control and Reform Act ("IRCA").

As background for this post, it might be helpful to read Hoffman Plastics Compounds, Inc. v. Nat'l Labor Relations Bd., Balbuena v. IDR Realty LLC and Majlinger v. Cassino Contracting Corp., and Labor Law sec. 220.

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January 26, 2007 in Civil Procedure, Evidence, Labor Law | Permalink
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because it was unclear whether the defendant employer checked the aliens' immigration status as required under the Immigration Control and Reform Act ("IRCA").

Hmmm, wouldn't there have had to be a paper trail?
Therefore, why would it even be "unclear" as to whether the Company checked the status of the ILLEGALS?

Fishy stuff up there.