tag:blogger.com,1999:blog-8489363879633129568.post8832081506879325965..comments2023-11-13T11:54:56.769-08:00Comments on DePaolo's World: FEHA Case Involving Undocumented Worker Doesn't Smell RightAnonymoushttp://www.blogger.com/profile/02446191842560064784noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8489363879633129568.post-66781873964570289982012-03-21T10:23:25.804-07:002012-03-21T10:23:25.804-07:00I think Stew is talking about two separate issues;...I think Stew is talking about two separate issues; WC benefit provision vs. the regulatory employment law scheme regarding fair employment etc...<br /><br />Stew, it seems that the Feds have made it ABUNDANTLY clear that if the I-9 employment verification process etc. goes through w/o any hiccups/red flags, most employers cannot go forward with further scrutinizing of legal/residency status.<br /><br />Sure we understand there are plenty of bad actors in the system, including employers who should be held to a higher standard, but how can you tell any employer you should've/could've done more initially when they are slapped on the wrists for doing so?Unknownhttps://www.blogger.com/profile/10488095087580210693noreply@blogger.comtag:blogger.com,1999:blog-8489363879633129568.post-54218319884501012862012-03-14T08:47:58.094-07:002012-03-14T08:47:58.094-07:00Agreed Stew.
But what I read was that the claim w...Agreed Stew.<br /><br />But what I read was that the claim was admitted and benefits provided.<br />Then there was a layoff. After that, and after the IW got another job,<br />a new offer came through but there was the requirement that the IW<br />certify RTW - and that's when the FEHA allegations came through, and<br />thereafter the discovery of illegal status.<br /><br />So, the employer did everything right in this case from what I read.Anonymoushttps://www.blogger.com/profile/02446191842560064784noreply@blogger.comtag:blogger.com,1999:blog-8489363879633129568.post-90297732873666762572012-03-14T08:44:04.469-07:002012-03-14T08:44:04.469-07:00David,
I agree case "doesn't smell right...David,<br /><br />I agree case "doesn't smell right," looking at both sides of the fence. I suspect for that reason the Supreme Court will deny review.<br /><br />But for the EE getting another job and then not telling the ER, I think the EE had reason to complain. ERs should not be rewarded for taking what they're told on employment aps at face value, but then, once a claim is made, turning over every stone, looking for a way to avoid liability based upon knowledge they could have previously obtained.<br /><br />Stew (James T. Stewart)Stewhttps://www.blogger.com/profile/13204685177630538907noreply@blogger.com