California Supreme Court rules for migrant who used other's ID

LOS ANGELES Thu Jun 26, 2014 8:33pm EDT

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LOS ANGELES (Reuters) - A California law that protects workers from discrimination regardless of immigration status could be used by a migrant to sue his employer even though he used another man's Social Security number, the state Supreme Court ruled on Thursday.

The 5-2 decision by the court came in the case of a man who sued his former employer, Sierra Chemical Co., contending he was not brought back for seasonal work in retaliation for filing a worker's compensation claim.

Justice Joyce Kennard, writing for the majority, cited a 2002 California law intended to grant unauthorized immigrants the same protections as other workers.

"Nothing in the statute states or implies that its central directive would not apply to any unauthorized alien who used false documentation to obtain employment," wrote Kennard, who has recently retired from the court.

The plaintiff, Vincente Salas, sued his former employer in San Joaquin County in 2007. The company filed a motion for summary judgment to dismiss the case on the grounds that Salas fraudulently used another person's Social Security number to get hired by the firm when he first joined it.

The trial court rejected that request from Sierra Chemical, but an appeals court decided in favor of the company.

In its opinion, the San Francisco-based Supreme Court sent the case back to the trial court and found Salas could seek lost wages for the period between when he was not re-hired for seasonal work and when the employer learned he had used a false Social Security Number.

It ruled he could not make a claim related to the time period after the employer discovered his use of another person's social security number.

(Reporting by Alex Dobuzinskis; Editing by Eric Beech and Sandra Maler)

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Comments (6)
one thought comes to mind, DEPORT HIM !!!

Jun 27, 2014 9:03am EDT  --  Report as abuse
BGoldberg wrote:
Wow, I cannot believe that court judge would actually allow a thieving immigrant to steal an honest person’s identity and then defend him instead of defending the company that chose not to break the law and hire an illegal. This company was duped into believing the worker they hired was legal to work in america under whatever papers he provided. The docs he provided were fraudulent and the court should have sentenced him to prison for using fraudulent docs. How dare this judge use such illogical reasoning in defending a thief who took another person’s identity. OUr social security numbers our OURs and ours alone. They aren’t available for thieves to borrow and steal at will. But it sure seems that some idiots on California are out to destroy Americans and all that we cherish as our own- that includes our identities!

Jun 27, 2014 10:20am EDT  --  Report as abuse
astroz wrote:
As citizens become increasingly aware of the environmental, economic and social costs of mass immigration, they tend to oppose it. Web sites like FairUS.org and NumbersUSA.com are helping citizens to really understand the dangers of uncontrolled immigration for our citizens, and helping them to effectively use their voices to oppose it. This is truly an epic battle that will determine if we maintain our long term interests as Americans, or if we will become the next over populated, third world, high unemployment, high crime, welfare state. The choice is ours…..if we ALL get into the fight. Don’t sit by and hope for others to do the heavy lifting. Make no mistake, the Chamber of Commerce and open border advocates will do their best to turn this nation into an anything goes nightmare for their own benefit. Citizens must be loud and not put down their guard until all of the pro anything goes politicians are out of office. If you’re in the good fight…thank you…..if not….get in. Our voices do make a difference, IF we use them.

Jun 27, 2014 10:35am EDT  --  Report as abuse
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