The Discerning Texan
-- Edmund Burke
Wednesday, June 25, 2008
Ninth Circuit: Employer MUST Reinstate Illegals who used False SSN's
Here’s the news from the Ninth U.S. Circuit Court of Appeals in San Francisco:
A federal appeals court ordered reinstatement Monday for 33 janitors in Los Angeles who were fired because their Social Security numbers did not match the government’s database, a ruling that could strengthen unions’ case against a Bush administration proposal to pressure employers to get rid of suspected illegal immigrants…
But in ordering the Los Angeles janitors rehired with back pay, the court said employees can’t be fired merely because the Social Security number they submit differs from the number in the government’s files - a major issue in lawsuits over the administration’s plan…
The employees, whose union contract protected them from being fired without good cause, won reinstatement and back pay from an arbitrator, who said Aramark had no convincing information that they were illegal immigrants. A federal judge disagreed but was overruled Monday by the three-judge appellate panel.
So a company trying to do the right thing is being forced to employ illegal immigrants by labor unions and liberal judges. The labor union in this case is Service Employees International Union (SEUI), which strongly endorses both Barack Obama and amnesty.
Better late than never. Methinks the Supremes will want to review this one. What's the overturn rate for the Ninth, 70% or something? As of last year it was pretty damn high:
Advocates of splitting the U.S. Court of Appeals for the Ninth Circuit often point to the court's high reversal rate by the Supreme Court. An editorial in Monday's W$J, for instance, noted that the Ninth is 0-8 so far this Supreme Court term. Tallying the Justices' votes in cases reviewing Ninth Circuit decisions, the justices have gone against the Ninth 67-5.It is hard to imagine the Court not taking this case. Hopefully that is in the works...
Just asking here, but isn't falsification of SSN a Federal Crime? And since when were employers required to hire felons?
What have these people been smoking?