sued employer for retaliation, Minnesota Court of Appeals takes his side<\/span><\/a>.<\/span><\/p>\n\u00a0<\/span>Court says the purpose of federal law is to prevent employers from hiring illegal aliens.\u00a0 But once you\u2019ve illegally hired them, you can\u2019t fire them when you find out about their illegal status \u2013 at least, not if you discover it during a worker\u2019s comp case.\u00a0 That would be retaliation against the employee for bringing a worker\u2019s comp claim and retaliation is illegal under state law.\u00a0 So in order to uphold state law, the employer is required to continue to violate federal law by continuing to employ the illegal alien.<\/span><\/p>\n\u00a0<\/span>That\u2019s idiotic. Putting the illegal alien on unpaid leave isn\u2019t retaliation for the worker\u2019s comp claim \u2013 the worker\u2019s comp claim was merely the mechanism by which the employee\u2019s illegal status was brought to light.\u00a0 Stopping the illegal employment merely brings the employer into compliance with federal law where it would have been all along, but for the employee\u2019s illegal use of a fraudulent social security number.\u00a0 And even if putting him on unpaid leave were retaliation for bringing the claim that got his crime discovered, illegal aliens who aren\u2019t supposed to be here shouldn\u2019t be entitled to keep their illegally obtained employment.\u00a0 Firing the employee for perpetrating a fraud and a crime is perfectly sensible as it deters others from committing the same fraud, the same crime.<\/span><\/p>\n\u00a0<\/span>Of course, this is Democrat-dominated Minnesota where all the jurists are Democrat appointees.\u00a0 The first sentence of the court\u2019s opinion sets the tone:\u00a0 \u201cAppellant Anibal Sanchez immigrated to the United States in December of 1998.\u201d<\/i><\/span><\/p>\n\u00a0<\/span>Immigrated? \u00a0No, he didn’t. \u00a0\u201cImmigrated\u201d would entail a legal process of entry and regularization of status. \u00a0What he did was he sneaked in, he slipped across a porous border, swam the river, hid in a fruit truck, stole someone\u2019s identity and committed fraud. \u00a0He’s a criminal and should not be allowed to profit from his crime.\u00a0<\/span><\/p>\n\u00a0<\/span>The entire case would be moot if the Federal government was performing the core function for which we pay taxes: to defend our borders. \u00a0If, now that his status and location are known, the feds were to deport him, this entire case would go away, as it should. \u00a0The time and money spent taking the case to the Court of Appeals is yet another cost of President Obama\u2019s willful disregard of his duty to uphold the law.\u00a0<\/span><\/p>\n\u00a0<\/span>Joe Doakes<\/span><\/p>\n<\/blockquote>\nLaws are for little people.<\/p>\n
More later.<\/p>\n","protected":false},"excerpt":{"rendered":"
Joe Doakes from Como Park emails: Illegal alien injured on the job, confessed to using false documents to obtain employment, was put on unpaid leave until he could prove he was eligible to work in the United States, sued employer for retaliation, Minnesota Court of Appeals takes his side. \u00a0Court says the purpose of federal […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[109],"tags":[],"class_list":["post-59109","post","type-post","status-publish","format-standard","hentry","category-sovereignty"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/59109","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=59109"}],"version-history":[{"count":1,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/59109\/revisions"}],"predecessor-version":[{"id":59110,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/59109\/revisions\/59110"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59109"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}