check this out.....

Discussion in 'General Industry Discussions' started by jsf343, Jan 24, 2007.

  1. jsf343

    jsf343 LawnSite Bronze Member
    Posts: 1,767

    This was sent to my wife's work (state employment agency) thought it was an interesting article and even more interesting that some are taking matters into their own hands (via the court system)
    Illegal immigration is a frustrating issue when it affects us all is such wide ranging ways. If immigrants are here trying to fit in, trying to learn the language, paying your fair share for the upkeep of our society (taxes) giving back insted of just taking, I don't have a problem. Some immigrants are here just to sponge off our system and society then that is wrong. Sorry, I know not everyone will agree but illegal is just that! I'm sick of all this "pc" :hammerhead: crap. Say it, "illegal is illegal"
     
  2. jsf343

    jsf343 LawnSite Bronze Member
    Posts: 1,767

    whoops, forgot the article, it is long but good.....

    CNN.Com
    1-24-07

    Tired of waiting for Washington to enforce immigration laws, small
    businesses have begun taking their competitors to court.

    WASHINGTON, D.C. (FSB Magazine) -- To see the latest front in the war
    over illegal immigration, take a look at Mordechai Orian. The
    41-year-old owns Global Horizons, a Los Angeles-based service that
    supplies seasonal agricultural workers to apple, blueberry, and potato
    growers across the country. In May, Orian lost one of his biggest
    clients: Munger Bros., a Delano, Calif., blueberry farm, which decided
    to use a rival labor supplier, J&A Contracting of Bakersfield, Calif.

    Munger Bros. executives say they switched suppliers when Global
    Horizons failed to live up to its contract, but Orian suspects a
    different motive. J&A, he says, provides cheaper, illegal workers,
    scooping workers up on street corners by the vanload and delivering them
    to farms. He says he has evidence of falsified Social Security cards to
    prove his assertions. And rather than filing a complaint with the
    federal government, Orian is taking both Munger and J&A to court. (A
    copy of Orian's complaint can be downloaded at
    fearnotlaw.com/gallery/download.php?id=34.)


    J&A's lawyer, Steven Geringer, denies that his client hires illegal
    workers. Theodore Hoppe, the attorney for Munger Bros., says the
    blueberry farm switched suppliers because Global Horizons' workers
    weren't as reliable or experienced as advertised. But Orian is
    unconvinced.

    "You have a guy who wants to break the law, and when you call the
    government you run into a brick wall," Orian says. "Enough is enough."

    Which states love small business best?
    That's a sentiment that most entrepreneurs can share: 70% of
    small-business owners declare illegal immigration a "very serious" or
    "serious" problem, according to a survey by the National Federation of
    Independent Business.

    But solutions are trickier to agree upon. Politicians have become mired
    in a morass of proposals for immigration reforms, guest-worker
    agreements, and border fences. Some business owners balk at any plan
    that would punish them for unknowingly hiring illegal workers.
    Meanwhile, entrepreneurs who scrupulously follow the law are routinely
    victimized by competitors who hire cheap, illegal labor - a breach that
    routinely goes unpunished by the federal government.

    "Our members are pretty frustrated," says Todd McCracken, president of
    the National Small Business Association (nsba.biz), an advocacy group
    based in Washington, D.C.

    Now, tired of waiting for the legislative branch to solve the problem,
    entrepreneurs are turning to the courts. Their actions have put
    corner-cutters on notice: Break the immigration laws and you have not
    only the government to fear, but your fellow business owners as well.
    David Klehm, Orian's lawyer, says that his suit is the first of its
    kind, but experts say it presages a new era.

    "The government's policy of benign neglect over the past few years has
    really stirred things up," says Eli Kantor, a Los Angeles labor
    attorney.

    (Global Horizons has faced its own brand of legal troubles; the
    California labor commissioner recently found that the company had
    neglected to pay its workers all they were due.)

    But it is not only rival companies that are going after outfits that
    hire illegal immigrants. The Global Horizons case follows a $1.3 million
    settlement in a Washington State class-action suit involving employees
    of Zirkle Fruit who sued their employer, claiming that it drove down
    wages by hiring undocumented workers. That suit was based on federal
    RICO - or anti-racketeering - laws, and was settled after a federal
    appeals court overturned a lower court decision to dismiss it.

    Employees have also filed an ongoing suit against Mohawk Industries
    (Charts), a carpet manufacturer in Dalton, Ga. "They are frustrated with
    illegals dragging down their wages," says Chicago attorney Howard
    Foster, who filed the suit on behalf of the employees. (Mohawk denies
    knowingly hiring illegal workers.) Both Foster and Klehm say that their
    suits have drawn interest from several other would-be plaintiffs.

    Some observers see the recent lawsuits as pointing to a potential
    solution to the country's immigration issue. If enough entrepreneurs and
    employees hold illegal employers accountable through the courts, says
    Vernon Briggs Jr., professor of industrial and labor relations at
    Cornell University, fewer illegal immigrants will be able to find jobs
    here. "They will deport themselves if they can't find employment," he
    concludes.

    But for Orian, whose case is expected to be decided this spring, the
    battle is a matter of pride as well as price. He's an immigrant himself
    - he arrived from Israel in 1997 - and while he has yet to become an
    American citizen, he is the proud holder of a green card. His example,
    he says, proves that immigrants can be successful in business while
    staying on the right side of the law.

    "I'm not against anyone trying to make a better life," he says. "But
    after doing it myself, it hurts to see people using shortcuts, and other
    people taking advantage."
     

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