More on Employer Can be Sued For Hiring Illegal Aliens, By Employees

Since 10-16-06

From: Stephen Frank [mailto:stephenfrank@sbcglobal.net]
Sent: Saturday, October 14, 2006 6:44 AM
To: saintjim@earthlink.net
Subject: Employer Can be Sued For Hiring Illegal Aliens, By Employees

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ENFORCE THE LAWS ON A STATE AND FEDERAL LEVEL AGAINST ILLEGAL ALIENS AND WE WON"T HAVE TO DEPORT THEM, THEY WILL GO HOME ON THEIR OWN.

This guy Foster is the greatest!!  He sued an apple orchard in Washington State, and won big!  Now, many of the orchards in Washington State are looking at lawsuits, so are looking at hiring citizens and honest immigrants instead of illegals.

Now he is suing Tysons Foods, in a class action, due to Tysons lowering wages on US citizens by hiring cheap labor--illegal aliens!

This is proof again, that illegal aliens are not harming the rich, it is the poor and middle class that get hurt by the depression of wages by those who violate Federal law.  Tyson's and its executives were one of Bill Clinton biggest financial supporters.  Now we know that the money they donate to Bill and Hillary comes from stealing wages from the poor and middle class.  This should be a crime as well as a civil law suit.

More importantly, Tyson's is NOT denying they are employing illegal aliens.  Then why isn't the Federal government closing them down like they did IFCO, the national pallet maker, in the Spring?  Why hasn't Attorney General Gonzales thrown the book at Tysons', why hasn't the IRS and dozens of other agencies not put a lien on their assets and frozen their bank accounts.  This is a classic case of a company that every law should be used against.  When the Tysons executive actively recruited illegal aliens, then provided them with false documents, dozens of U.S. criminal laws were violated. 

Why hasn't the US or the State's involved Attorney Generals filed criminal charges---because this was a national and international effort by the Tysons executive, why haven't they been charged with the RICO act, this was a criminal syndicate.

Once the other big and small corporations see that, they will get rid of the illegal aliens on their payrolls.  If they can't get a job, they will go back home, without the United States having to deport them.  If local government was doing their job, of impounding the cars of those that use phony ID's, have no drivers licenses or auto insurance, they will take the bus back to their homeland.

This lawsuit over the corrupt wage scale of the Tysons executive paying illegal aliens, to the detriment of citizens is a crime.  Why haven't these executive been indicted?  Make them the next Ken Lay, they have "earned" the right to a "perp" walk and humiliation for hiring illegal aliens, causing wages to go down for honest citizens, harming the US economy, making themselves richer by stealing wages from good people and violation of numerous federal and state laws.

What do you think?  Should the Tysons executives get a bonus for saving money or should they get the book thrown at them for corruption and stupidity?

Write your thoughts directly on the web site for all to see and discuss at http://www.capoliticalnews.com/discuss.php?id=769

Steve Frank
 

Suit over illegals OK'd for workers at Tyson Foods

By Steve Hirsch
THE WASHINGTON TIMES
October 14, 2006

A federal judge has ruled that workers can file a class-action suit against Tyson Foods Inc. for depressing wages by hiring illegal aliens.

    Howard W. Foster, a Chicago lawyer for the Tyson employees, described the ruling in Winchester, Tenn., as a "very big step," allowing him to seek damages for thousands of workers at eight plants -- including one in Glen Allen, Va. -- instead of just the four original plaintiffs.

    The case, filed in 2002 under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), is one of a growing number across the nation challenging illegal aliens in the workplace. In August, a temporary agency in California sued its competitors under the state's unfair-competition laws.

    Mr. Foster has represented U.S. citizens seeking damages for wage depression caused by employment of illegal aliens in other cases, including one against Mohawk Industries and a class-action case against Zirkle Fruit Co., which has been settled.

    "You can't bring these cases unless they get certified as class actions," he said yesterday.

    "An individual person can't bring one -- it's not economically viable to do it. So it's important that it gets certified as a class action," he said.

    An estimated 12 million to 20 million illegal aliens are living in the United States, making up a large part of the nation's work force.

    In April, Homeland Security Secretary Michael Chertoff announced a nationwide crackdown to target employers who "knowingly and recklessly" hire illegal aliens, and those who help them find jobs.

    His announcement coincided with news that more than 1,180 illegal aliens had been arrested during raids at 40 IFCO Systems North America Inc. plants. The Houston company is the largest pallet services company in the U.S.

    Yesterday, Tyson Foods described the judge's ruling as "procedural," adding that it was "not based on the merits of this case, which was actually dismissed by another judge back in 2002."

    "We remain confident our company will ultimately prevail," Tyson spokesman Gary Mickelson said by e-mail.

    "The plaintiffs' claims in this lawsuit are simply unfounded and largely based on federal charges our company has already successfully defended," he said, adding, "In 2003, a Chattanooga jury found the Springdale, Ark., company not guilty of violating immigration laws, confirming the company has made a concerted effort to hire properly and abide by the law."

    U.S. District Judge Curtis L. Collier's order, issued Tuesday, schedules a Jan. 29 conference with lawyers. It is expected he will set a trial date then.

    A federal jury in March 2003 acquitted Tyson and three former managers of conspiring to hire illegal aliens from Mexico and Central America for low-wage production jobs to boost profits. Two former Tyson managers who made plea deals were sentenced to one year each of probation.

    Before the case went to trial, four former employees at Tyson's Shelbyville, Tenn., plant sued. The lawsuit by Birda Trollinger, Robert Martinez, Tabetha Edding and Doris Jewell contends the company violated the RICO Act by knowingly hiring illegal aliens who were willing to work for wages below those acceptable to Americans.

    In 2004, a three-judge panel of the 6th Circuit Court of Appeals in Cincinnati overturned a lower-court dismissal of the four workers' case.

    The lawsuit says Tyson relied on a network of recruiters and temporary employment agencies that brought illegal workers into the United States and supplied them with false identification.

    Mr. Foster said Tyson employee pay, "probably $8 to $10 an hour," was depressed by the hiring of illegal aliens.

    "We haven't stated exactly" by what amount wages were depressed, he said, adding that that would be determined by "experts."

    The eight Tyson plants named in the suit are at Shelbyville; Corydon, Ind.; Gadsden, Ala., Blountsville, Ala., Ashland, Ala.; Sedalia, Mo.; Center, Texas and Glen Allen, Va.
    • This article is based in part on wire service reports.
   
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