Only in America/Illegal Immigrants Sue Wendy's

[twa]

http://hosted.ap.org/dynamic/stories...10-08-05-32-26

HOUSTON (AP) -- A group of illegal immigrants who worked for Wendy's International Inc. is suing the restaurant chain because the company fired them after discovering it had missed a deadline for joining a federal program that would have helped them attain legal status.

The lawsuit, filed Friday in state district court in Houston, is a companion to a similar class-action suit filed last month in Dallas against Dublin, Ohio-based Wendy's, its subsidiary Cafe Express and the Houston-based business law firm Boyar & Miller.

The immigrants, who worked for Cafe Express, are seeking unspecified damages.

Between the two lawsuits, 40 illegal immigrants say they were fired after the company recently found that Boyar & Miller, the law firm Wendy's had hired, never filed paperwork for a 2001 legalization program that allowed immigrants with employer sponsorship or an American spouse to apply for citizenship.



Once the discovery was made, Wendy's was forced by law to fire the employees because of their illegal status. Immigrants in the program would have been insulated from being fired.

[BayouBrave86]

So wait, illegals can use our court system? Unreal.

[Johnny Punani]

US Immigration should have an easy time finding and deporting these retards.

[Spaceman Spiff]

US Immigration should have an easy time finding and deporting these retards.

Yeah, but they won't.

[MSJHWT]

This country is really going down the ****ter.....

[DjTj]

So wait, illegals can use our court system? Unreal.

The Fourteenth Amendment reads:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Citizens get special privileges and immunities, but all people have rights.

Even when US soldiers murder Iraqis, they are subject to the US court system. If an American company screws over foreigners, they are subject to US courts.

US Immigration should have an easy time finding and deporting these retards.

They will find them, but they have long learned that deporting people is just a big waste of public money because they almost always find their way back.

In any case, this is pretty small potatoes. There have been amnesty programs in place since the Reagan era that allowed immigrants to legalize their status by getting a steady job or marrying a citizen. It was seen as the most effective way to reduce the number of illegals while pushing them towards legitimate work rather than crime and poverty. The Bush administration ended these amnesty programs (although they implemented some different ones and reduced enforcement) and there was a big rush to make it before the deadline. These people got screwed and I can see how they might have a claim.

40 immigrants working at Wendy's isn't exactly something I'd get riled up about. Last time I checked, Americans weren't being turned away in droves at Wendy's, and immigrants with regular jobs aren't generally the ones getting into trouble with the law.

[Thiebear]

The Fourteenth Amendment reads:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Citizens get special privileges and immunities, but all people have rights.

Understood, but which rights are they fighting? the right not to be deported? The right to work??? They are sueing because they didnt get citizenship while being here illegally. I don't see that as one of the rights "ANY" person is granted by default.

This is exactly what you should worry about: Everything starts in the details and then grows. You deport the 40 here and 40 there and 10 over there before it can gain momentum......

[Prosperity]

Understood, but which rights are they fighting? the right not to be deported? The right to work??? They are sueing because they didnt get citizenship while being here illegally. I don't see that as one of the rights "ANY" person is granted by default.

This is exactly what you should worry about: Everything starts in the details and then grows. You deport the 40 here and 40 there and 10 over there before it can gain momentum......

let the judges decide, they have greater expertise than you

[Thiebear]

let the judges decide, they have greater expertise than you

There are some issues that jump out at you with the whole common sense thing.
Thanks for stating on a discussion board not to bother discussing though...
?

Once the discovery was made, Wendy's was forced by law to fire the employees because of their illegal status

You want to go after someone, go after the lawyers that never filed the action.

[Prosperity]

There are some issues that jump out at you with the whole common sense thing.
Thanks for stating on a discussion board not to bother discussing though...
?

Is there a word for common sense fallacy? Common sense is basically what makes sense to you. Common sense to *me* is to allow legal experts to figure it out, because well like I said, they know how the law works. This knee jerk emotionalism by xenophobes isn't helping things out.

[Larry]

I'm thinking Wendy's should use this in their advertising. "Wendy's: American Labor".

I could see them getting enough of a boost to offset their legal costs.

[DjTj]

Understood, but which rights are they fighting? the right not to be deported? The right to work??? They are sueing because they didnt get citizenship while being here illegally. I don't see that as one of the rights "ANY" person is granted by default.

It's a pretty simple contract claim. They agreed to work for Wendy's in exchange for getting citizenship, and Wendy failed to deliver on their end of the deal.

You want to go after someone, go after the lawyers that never filed the action.

The lawyers didn't work for the immigrants, so they couldn't sue them. If Wendy's loses the case though, Wendy's could definitely go after the lawyers to reimburse any damages. This is a simple case of Wendy's promising its employees something and not delivering - it's just like if they promised you health care but didn't actually buy any.

This is exactly what you should worry about: Everything starts in the details and then grows. You deport the 40 here and 40 there and 10 over there before it can gain momentum......

Also, I want to mention that letting them sue really has nothing to do with deporting them. Like I said, foreigners can always sue Americans in American courts if they want. Everyone has rights regardless of their citizenship status. We could even deport them and they would still have a right to sue if Wendy's violated a contract.

[PleaseBlitz]

Trying to sue? Sounds like they are just trying to assimilate to our culture.

[Thiebear]

It's a pretty simple contract claim.

Much better explanation.. thanks..

[Cdowwe]

let the judges decide, they have greater expertise than you

Because judges always make the right decisions for us