rssImmigration Lawyers: Whitman Within Law to Continue Employing Housekeeper
Friday, October 01, 2010 at 10:16 am
- 191 Comments
The law may be on the side of California gubernatorial candidate Meg Whitman (R) in the case of employing an undocumented housekeeper, immigration lawyers told the San Francisco Chronicle. Although Whitman allegedly received a letter from the government informing her that her housekeeper gave a mismatched Social Security number, the lawyers said she did not act unlawfully in continuing to employ the woman.
Whitman has acknowledged she employed Nicandra Diaz-Santillan, who is undocumented, for nine years, but claims the housekeeper gave her documents showing she was a legal worker. (She provided the documents to TMZ.) After receiving a letter from the Social Security Administration claiming their records did not match Diaz-Santillan’s documentation — Whitman said she never saw a 2003 letter sent to her husband about the housekeeper’s documents — immigration lawyers said employers must check their records for misspellings and inform their employee. Employers have no obligation to fire the employee, and such an action could even be discrimination, lawyers told the Chronicle:
“There is no additional legal obligation for an employer to follow up or respond to SSA with new information,” said Gening Liao, a labor and employment attorney at the National Immigration Law Center in Los Angeles, which defends immigrants.
Liao added that it is “very important that the employer does not take adverse action against the employee” merely based on a letter from Social Security.
Nor was Diaz under any obligation to pursue the matter, Liao said. Correcting a mismatch is “primarily for the benefit of the employee,” she said, to make sure they can collect all the benefits due them for their work.
But immigration lawyers point out the Social Security records are prone to errors, particularly for name changes after marriage or divorce. “There are a lot of reasons other than immigration status that a Social Security number could be wrong,” Crystal Williams, executive director of the American Immigration Lawyers Association, told the Chronicle.
That is one of the central arguments against mandating employee verification through the E-Verify program, which has been slowly expanding from federal contractors to entire cities. Because the program allows
Whitman has argued for the program, stating support for employer crackdowns on her website: “We are never going to solve the problem of illegal immigration as long as there is strong demand for undocumented labor.”
Demand is a big problem, and the situation is a good example of the complicated relationship between undocumented workers and employers. Although many people — including Whitman herself — decry illegal immigration, workers without proper documents continue to find jobs. The Pew Hispanic Center estimated 27 percent of housekeepers in the U.S. are undocumented. Other professions have similarly high proportions of undocumented workers: They make up 25 percent of farm workers, 17 percent of construction workers and 20 percent of chefs and cooks.
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[...] by on October 1, 2010 Hello there! If you are new here, you might want to subscribe to the RSS feed for updates on this topic.Powered by WP Greet Box The law may be on the side of California gubernatorial candidate Meg Whitman (R) in the case of employing an undocumented housekeeper, immigration lawyers told the San Francisco Chronicle. Although Whitman allegedly received a letter … The rest is here: Immigration Lawyers: Whitman Within Law to Continue Employing … [...]
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Comment posted October 1, 2010 @ 2:41 pm
Meg Whitman, thank you for FIRING the ILLEGAL ALIEN!
Now a LEGAL Resident or U.S Citizens can get a job that apparently pays $46 a year.
Hey, “Nicky” ICE is on their way to arrest and deport you.
Comment posted October 1, 2010 @ 2:58 pm
I would think that this would help her with the illegal voters, she shows that she is willing to hire illegals even though they are liars and thieves,and blackmailers.
Comment posted October 1, 2010 @ 3:25 pm
it is her witless hypocrisy and heartless policy prescriptions that will doom this egomaniac's ampaign.
MONEY CAN'T BUY YOU LOVE!
Comment posted October 1, 2010 @ 3:35 pm
Yes, good thing she fired that woman, now Meg and her kids can learn to wipe their own ass. White people, especially in California rather get on welfare, suck a man's hotdog lick a woman's kitty cat before they would even half consider applying for a housekeeper type of job, which is why the U.S. has NEVER made it a real point to change anything. Why is it all talk for so many years?. Folks still want to get sucked on and free money, so why force the white people ot lift a finger when the immigrants can just do it, and let the whities sit back. Which is fine, those who don't mind working, don't really mind the lazy ass white folks, and while they are popping thier pills, snorting those lines, the immigrants are raising their kids then turn around to raise their own instead of hitting up the illegal substances. Go white people, you've really made it work, now you can ACT like you don't support this, and ACT like you would like an opportunity to cook and clean for spoiled idiots.
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Comment posted October 1, 2010 @ 3:41 pm
Whitman is a typical Republican-liar & abuser of the less fortunate!!!
Comment posted October 1, 2010 @ 4:11 pm
There are plenty of white people willing to do these jobs, but you drive down the wages when you bring in millions of mexicans. half the state is mexican now. why should i compete with an illegal mexican for lower wages. new mexicans come in everyday willing to work for $5. We need republican business owners to stop exploiting illegals and leaving the border open to do so, and we need bleeding heart liberals to realize they're screwing up their own kids future by turning the country brown.
Comment posted October 1, 2010 @ 4:23 pm
I am lost how this article points to Meg whitman beign a liar. Sure you may not like her, but this article points out that in fact she (well her husband) acted 100% correctly. The only liars in this are Allred (who seems to just make stuff up) and Nicky, who commited federal crimes with the fake forms of ID
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Comment posted October 1, 2010 @ 5:40 pm
I WANT TO KNOW HOW LONG IT WILL TAKE TO DEPORT A ILLEGAL THAT COMMITTED PERJURY WHEN THE ILLEGAL NIKI SIGNED A LEGAL DOCUMENT STATING SHE WAS A LEGAL RESIDENT OR U.S CITIZEN ?, AND HOW DID THE ILLEGAL GET A DRIVER LICENSE? SHE COMMITTED IDENTITY THIEF AND PERJURY. DEPORT THE TWICE A CRIMINAL NOW !!
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Comment posted October 1, 2010 @ 7:22 pm
I believe Ms Whitman got her hand caught in the cookie jar. It is hard to believe a person working for you all those years and not knowing she was illegal resident. What makes it worse is the lady was being paid a VERY good hourly salary which could have went to an AMERICAN US CITIZEN.
http://www.RentALawyer.com
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Comment posted October 1, 2010 @ 8:58 pm
“Liberals are screwing up their own kids future by turning the country brown”. I want to save this thought and share it with my children. The lesson is that America has many Guestposts who will view them as proles no matter what. Mr. Guestposts, my kids attended college, all have degrees, and all have children of their own. Our oldest granddaughter just enrolled at the American University in Paris, France. As a naturalized citizen who drives a taxicab for a living, my wife and I are very proud of the educational attainment of our children, and even more proud that they have imbued my grandchildren with the importance of education. But, all this is not enough for the likes of you. So, I must warn my children about people like you, especially those who live in minority-majority states in America.
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Comment posted October 2, 2010 @ 1:12 am
On a number of occasions on National News with her attorney present Diaz as openly admitted to a number of Felony Federal charges. She has done this over and over.with her attorney present
Just with the the I.R.S she can be facing at least 9 counts of Filling Fraudulent Tax Returns. Just the Audit alone. She can't file for a exemption using a fake SS# So what with that exemption being denied with interest and penalty what in the area of $20000 maybe more of BACK TAX. Again not bring in Fraudulent Filling. Start bring in SS fraud, Immigration violation etc. Not including any State charges.
So Diaz is facing some rather large Legal Fee's. Not because the tax payer will pay. But since we all know how this came about. How and why it is being done. All the voting booths in Cal. should have a jar next to it. So everyone who votes for Brown can leave a Quarter. That way the people who did this foot the bill not everyone else to.
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