Sala contends that such TJ Enterprises employees are not licensed subcontractors, so the arrangement was an illegal attempt by the company to distance itself from the employees in wage claims and liens. ". For example, Jesus Hernandez was convicted of shooting his boss, Joseph Crummy, in 2004. It took on new meaning for me this year. Major American brands and some of the country's largest temp staffing companies profit from undocumented workers while keeping them at arm's length. Dude wears a suit to work, too and has never mowed a lawn or done any sort of manual labor. Some Canadian companies will also offer you other benefits such as … Utah Labor Commissioner Sherrie Hayashi recently told the governor's Hispanic advisory council that the state is seeing more companies attempting to claim that all their employees are subcontractors so the "can avoid workers compensation insurance, taxes and other costs" — but that is illegal. If you are part of managing a U.S.-based business, you no doubt know how difficult it can be to find good, qualified labor. But if you will read to the end, you will see how it is that Latino labor is so treasured in this country, even if the workers are undocumented. It hurts companies that do the right thing.". The cash-only asswipe got hired fulltime by some other sausage-fest company and thankfully that made it easier to dump his ass. TL:DR: Where does the money come from, how do companies hide it, how do they pay illegal immigrants? "When I came back, he (Gurule) pulled a gun out (from a shoulder holster) and showed it to me. Jeffery Price, Gurule's attorney, denies that either Gurule or his company ever did anything illegal. List of Companies that hire Illegal aliens instead of Americans. Cheat labor: Do companies hire, shortchange illegal immigrants to cut costs? He provided a copy of a booklet the union hands out that asserts TJ's violations include, "$1,703,019 in federal tax liens, $107,773 in state and local tax liens, $27,562 in employee overtime and $39,270 in civil penalties, subcontracting to unlicensed contractor violations, (and) unsafe work practices on project. Price declined direct comment on that but said, "It's as concerned as anybody is about the problems that have to do with illegal immigration and wants to see everyone succeed and they want to do it appropriately, legally.". But the White House and advocates for lower immigration say the law is the law. by Mark Berkey-Gerard 26 November 01. The Christmas season I spent in Bethlehem forever changed my understanding of the holiday and its meaning for Christians, Muslims and, yes, even some Jews like me. A surprising number also work under what are called ITIN numbers. So Eduardo went to talk with TJ Enterprises' owner Terry Gurule. While dealing with IRS paperwork today, I was trying to understand how big companies with huge balance sheets are able to get away hiring hundreds of undocumented illegal immigrants. But among claims that have been decided so far, TJ Enterprises has won them all — and employees lost them all. Allowing companies to hire illegal workers overall lowers the normal wage for all working Americans. ", He added, "I am no longer affiliated with PCP (Precast Concrete Products) in any fashion, do not represent that entity and it has been dissolved.". They threatened to sue them for triple damages." Claims by Spanish-only speakers are common enough with the Labor Commission that it has printed claim forms in Spanish. Eduardo said he signed that under duress to get some payment of his own. ... but also serve as a warning to business owners willing to hire … This is it exactly. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. "We agreed on what I was owed, and I was told to come back the next day and I would be paid," Eduardo says. If we do that can be considered discrimination. Meanwhile, only 11.5 percent of Utahns are Hispanic, according to Census Bureau estimates. Ending illegal immigration, say many of those who have studied the issue, could mean that American workers would lose their jobs, companies would close and the economy would contract. Speedway, Ind., resident Jon Kyle hired a local company late last year to repair his chimney. New comments cannot be posted and votes cannot be cast, More posts from the explainlikeimfive community. Sala said the carpenters union filed a complaint with the National Labor Relations Board about that. Immigration enforcers from the Home Office make a site visit. Until the debt is paid or resolved, the landowner does not have a clear title. Everyone carries a sack of rocks. Now while the common thinking is that the companies "know" something is up (and often they do), anyone who does hiring has to be extremely careful as to how they handle this. These act as a substitute for a social security number for the IRS, since the IRS is more concerned with collecting taxes than figuring out who is here legally. Wilson, a junior who is widely figured to be headed to the NFL, finished the season having completed 247 of 336 passes for 3,692 yards with 33 touchdowns against just three interceptions. Sorry about that. Press J to jump to the feed. ", That brochure warns that if TJ is hired, "You and/or your clients may be impacted by a large scale, lawful, public awareness campaign. They're great workers and people. Jim Sala, senior representative of the Southwest Regional Council of Carpenters, searches through documents of complaints against TJ Enterprises. As Juan Rubio wrote in his claim for $5,481, "I disagree with the company's assertion that I am not owed wages. summer fruits at the grocery stores, $2.99/lbs. Tony Yapias, director of Proyecto Latino and former state director of Hispanic affairs, said the Latino community is rife with tales of such treatment, and says it is too common. Also, he provided timely summaries of work performed, then tested and explained his work to the boss, and made sure everyone was taken care off. If employers tried very hard they'd probably be committing unlawful discrimination. There are tens of millions of workers, how do you go through all of it? Asay says he is not sure why Hispanic numbers are so high — but part of it may be that many Hispanics work in construction as piece-rate workers or day laborers without contracts, and wage disagreements are more common in that industry than others. Immigration hawks argue that nationwide implementation of E-Verify, a program that checks a worker’s immigration status, would alleviate the problem. It was May 2008 and he had not been paid in six months. According to a recent Angie's List poll, 87 percent of homeowners surveyed believe service companies in their area hire illegal immigrants. "They did it to others, too," Eduardo said. Effective worksite enforcement plays an important role in the fight against illegal immigration.Under federal law, employers are required to verify the identity and employment eligibility of all individuals they hire, and to document that information using the Employment Eligibility Verif Do undocumented workers actually work on small farms that are just sub-contractors for Monsanto, Tyson Foods, etc.? As long as they can show an employee-employer relationship and that they were owed wages, that is all we look at by law," said Brent Asay, wage claims manager for the labor commission. Here’s why. Latter-day Saint author, teacher Hank Smith loses his brother to COVID-19. Turcotte said in an e-mail to the Deseret News that he was associated with that company "as the legal representative of an investor group that lost a considerable investment in that operation. Theres also Iten. Are there balance sheets just that big? People with Hispanic surnames file about 33 percent of all unpaid wage claims with the commission, according to Deseret News analysis of state data obtained through an open records request. "Eduardo," an illegal immigrant, alleges that when he asked his employer for back wages owed to him, he was threatened with a gun. For illegals to get and pay taxes with. BYU’s Zach Wilson finishes 8th in Heisman Trophy voting. They have SS numbers for all of them, whether they're real or not, we don't really care. Start your day with the top stories you missed while you were sleeping. Elder Cazun Ramirez wrote in Spanish as he sought $2,200 in unpaid wages that the company "always says it doesn't have funds" to pay workers, and so he didn't have money for "rent, food and bills. A new study finds that, despite a record-setting number of immigrants illegally entering the country, relatively few employers are prosecuted for hiring undocumented aliens. "It’s a Wonderful Life" reminded me that contagious has another definition. Sala, however, says it is clear — from such things as copies of driving privilege cards in state files, and workers who told the union they are illegal immigrants — that TJ was hiring illegal immigrants, possibly to cut costs so it can win contract bids against others who are playing by the rules. "They were working for a hotel in West Jordan, and they were getting paid $3 an hour." I know an illegal that she went to get a job and the employer said, she needs to go down to the flea market on saturday and look for a guy selling fake Social security cards before he can hire her. But threats of lawsuits and delays of payment were mild compared to the incident where "Eduardo" says Gurule laid his gun on the table as he was seeking payment — and felt he needed to sign a paper disavowing his lien or possibly be shot. Q: Why do these workers want to come here, and why do companies want to hire them? Do undocumented workers actually work on small farms that are just sub-contractors for Monsanto, Tyson Foods, etc.? He says workers were claiming wages at union scale, but that TJ has no obligation to pay that much — and complied with law by paying them at least minimum wage. The penalties can be higher for companies with a large percentage of undocumented workers or a history of violations. I called them and asked them if they had someone with my name and SSN on their payroll. Very easy to start up a new corporation when things turn sour. This saves them money. Of course, if they were illegal immigrants they would have no Social Security number — unless they were using one that was stolen or made-up, and the company would know that. I hereby testify that Daniel Jimenes was employed by me and I owe him the flat rate amount of $200 for total work done. In California, legally we cannot question the legitimacy of a legal document. "I looked at the gun, and figured I better sign," Eduardo says in Spanish. If you don’t want to call, you may use the online tip form, available at Sala wrote a letter to the Labor Commission, saying TJ's delay in payments and maneuvering over liens was used to get some of them to accept partial payments, and sign papers saying they were paid in full. Crews completed several tasks during the first year of the Salt Lake Temple seismic upgrade and renovation. and those illegal imigrants are still paying taxes, so i don't get the big freakout about them. The company wrote in identical letters in several such cases, "If the name on his ID card shows something different or you would like me to do more research with his Social Security number, you may provide that to me.". Officials say that while Hispanics file a third of all wage claims now, it may be only the tip of the iceberg. The recent immigration enforcement raids at several chicken-processing plants in Mississippi netted hundreds of arrests and dozens of criminal indictments against undocumented workers. I run a small business, so if 2 grand were to go missing in cash over 3-6 months, it would be fucking obvious that something shady was happening especially if my productivity started increasing, as though there were two of me. For those companies that knowingly hire someone without completing an I-9, which is impossible to do … Many illegal immigrants get fake ID so the don't have to be paid under the table...and employers don't try very hard to verify them. Forty employees filed Labor Commission claims against TJ for a combined $137,400 in unpaid wages in the past two years — putting it on the top 10 list of companies with wage claims against them. This excuse that they "e-verified" it only displays the dismissive and complicit attitude MOST Americans have towards the illegal immigration issue when it doesn't hurt their own bottom line (ie - $4.99 specials at their local diner, $.99/lbs. They say illegal immigrants may be afraid that filing could bring attention that leads to their own deportation, or they simply do not know they can file such claims. He says the union is using lies to wage a "corporate campaign of terrorism" against TJ Enterprises because "it has emerged as a successful contractor in the marketplace and it is nonunion" and pays workers less than union scale. They did, and I let them know this was fraudulent. The South American dude cared about his work and accepted checks and credit card payments. A typical hand-wringing pro-illegal immigration article posted on NPR’s website in May featured one Ted Wiley, who runs a “small, family-owned construction company” in Mount Pleasant, Iowa. But Asay adds that he does hear anecdotes about employers hiring illegal immigrants, stiffing them and then threatening to call immigration to deport them if they protest. I don't mean maids, I mean operations where hundreds of illegals are doing farm work. He attached records of what work he did. Also, CPAs seem to have no problem helping out with these matters. They work for contracting companies who subcontract them to other contracting companies, etc., etc. He had been evicted from an apartment. When federal authorities catch illegal immigrants on the job, some U.S. employers have a ready explanation for how they came to be hired: It wasn't us. He shows settlement paperwork where TJ Enterprises agreed to post a notice to employees that said, "We will not intimidate employees from discussing their wages with us by drawing attention to the fact that an employer is carrying a weapon. Some said they had no idea why the company suddenly did not pay them, while others said they were told the company was waiting for clients to pay it before it paid workers. But Price charges that the carpenters union is not so much concerned about illegal immigrants as it is about driving a successful, nonunion construction company out of business as a warning to other nonunion firms. Immigrants flooded California construction. State files show an explosive battle between it and the carpenters union over whether that construction company may be hiring illegal immigrants and not paying them. In fact, in a training I went to a representative specifically said that their responsibilities are completely separate from those of DHS. ", Juan Hernandez Moreno also wrote in Spanish in a $2,000 claim that the company said it could not pay them "because its clients had not paid them.". Sala said the workers did not have money to fight the lawsuit and feared losing even more, and signed papers to withdraw the liens in exchange for dismissal of the lawsuit. Wiley just can’t see how he can manage to keep his business alive without foreign labor. Let me tell ya, for a place like Murrieta CA there are illegal alien laborers working many of the animal/agro farms throughout that region yet I never heard of a protest at any said farm by these vindictive loud mouths. Or am I just a 5-year-old in this situation and the answer is really obvious? "I Eduardo … worked at the Hyatt Hotel, 400 W. 500 North, installing drywall as a piece rate foreman. He was an American citizen with a dead-beat past, real teabagger type. Sala says the union indeed has written letters and protested against the company, and showed boxes of documents it has collected against it including government violations, photos of what it says were unsafe working conditions and records employees kept about work they did that was not compensated. How do illegal/undocumented immigrants work 'legal' jobs? 4 employees were using false SSNs and 2 had dbas when I left that joke of a company. "The company has been the target of what I will describe as a corporate campaign of terrorism by the Southwest Regional Council of Carpenters," he said. His wife and two children in Mexico were nearly penniless. We suspect he'll return after he gets fired from that joint, which won't be long. Petty cash went to those employees and the owner eventually had some of them register for dba's so he could claim he was paying for supplies on taxes. I am not claiming any wages that were already paid to me." My parents run a business and they employ almost entirely mexicans in Texas. 447 likes. Worker pay sank. He said it was his toy, and he laid it on the table," Eduardo says. It was May 2008 and he had not been paid in six months. So never mind not getting paid wages, but some of them are working for below minimum wage and they do not understand that in this country there is such a thing as minimum wage," Bensor said. Dealing with identity theft is an absolutely life debilitating nightmare. That belongs to someone else. Copyright © 2020 Deseret News Publishing Company. I worked for a business that had 6 illegal immigrants working there, but they got away with it for a long time by simply cooking the books. Most business, construction companies included, hire illegal aliens because they can pay lower wages than they would otherwise have to pay. Latter-day Saint author Hank Smith, his mother Cyndi Smith and his sister Jennefer Johnson all recovered from COVID-19, while Sean Smith, 54, did not. He said he arrived at work one day to find 15 piece-rate workers in his lobby claiming they were never paid by TJ for installing dry wall throughout the second floor of a new Holiday Inn/Staybridge Suites project in West Valley City. and employers don't try very hard to verify them. He says he was owed $26,000 for drywall installation, and had finally quit TJ Enterprises & Acoustical after months of promises that he would be paid "soon." By the time there is an investigation, those companies are dissolved and new ones spring up the next day. Some claimants can be identified in files as illegal immigrants because of statements or documents they provide (such as photocopies of "driving privilege cards" given to illegal immigrants), but most claims give no clue about immigration status. There are a lot of companies out there in Canada willing to hire you today, all you have to do is simply to find such companies and apply to the available job positions and you could be lucky and be hired. There is nothing unlawful about that. "It had been established in the lien case that they had been paid everything they were owed, and they had no claim," says Price, attorney for TJ Enterprises. The Southwest Regional Council of Carpenters union says that is an example of how some companies cut costs unfairly to underbid others by hiring illegal immigrants, not paying them and threatening them — figuring they are too afraid of deportation, or are too unsophisticated, to do anything. Individual Tax Payer Identification number. Regardless whom one believes, Utah Labor Commission data show that Hispanics file about three times more claims for unpaid wages than their expected share — concerning news for that ethnic group on this Labor Day weekend. If you are hearing impaired, then you should call 1-802-872-6196. … I also have witnesses to corroborate my work on the job. This includes highly visible banners and handbills to the public. We are one year into the Salt Lake Temple renovation. Asay, the state wage claims manager, while not speaking specifically about this case, said if a company uses one of its employees as a subcontractor but still controls when all employees work and the duties they perform, the state may rule that company is the true employer and hold it accountable for any wages owed. In some areas of the country, such as the Southwest, all work crews are immigrants. Eduardo says he signed a subcontract (of which the union has copies), but does not read English and didn't know precisely what he was signing. Before 1986, employers didn’t risk much in hiring undocumented immigrants.The worst that could happen was simply losing a worker through deportation.Beginning in 1986, though, the worksite has become an enforcement site for immigration law, with employers required to check the work authorization of every worker they hire on pain of penalties and even criminal prosecution for hiring … "Eduardo," an illegal immigrant construction worker, was desperate. Some letters sent to those involved with claims always have instructions on how to appeal decisions in Spanish and English. Or, they get a real ID. TOMORROW: State struggles with increase in claims during recession. Amid such claims, David G. Turcotte, a principal in the company, wrote to the Labor Commission that he worried that "meritless claims" over wages would destroy the company whose "future is tenuous at best." So social secu. TJ Enterprises has no financial obligation with Daniel Jimenes," the statement says. Sala said the union helped them file liens on the property to pressure the company for payment, but workers were dismayed at how long the process was taking. Hernandez was a day laborer upset over Prestige Exteriors not paying him $1,346 in wages for stucco work, and frustrated with state agencies unable to help him obtain the money quickly. illegal immigration costs us less per year than shoplifting. "It's bad enough hiring someone not eligible to work, and worse to exploit them by not paying them "and saving even more money, Sala said. Do they present identity to the companies they hire? Jim Sala, a senior representative with the carpenters union, offers a different story — and says threats led employees to sign papers that led to dismissals of the liens. Report online. I see this hypocrisy in the protesters trying to block of all things the deportation process of these Central American kids because of their "not in my backyard" mentality. "It's not a level playing field when an employer can actually take advantage of someone who is not documented, not pay them their wages," Hayashi said. ", Did TJ know it was hiring illegal immigrants? Sign up for the I’ve seen ‘It’s a Wonderful Life’ at least 19 times. Yep, typically bogus documents. Another gambit was that TJ Enterprises claimed that several claimants were not its employees, but were employees of subcontractors — so subcontractors owed the wages claimed and not TJ Enterprises. At 7:30 a.m. on Bedford Avenue in Williamsburg, Brooklyn a dozen men wait on the corner, until a man in a red pick-up truck pulls over, gets out, and points to two of them. Many people hire contractors to do work on their properties, knowing full well the companies may use illegal labor. Immigrant Construction Workers. I'm willing to bet that over 90% of these American employers KNOW that they're fake IDs yet hire them anyways because they're cheap and don't complain when breaks aren't given or OVERTIME isn't paid. Here’s how it looks. Sometimes it has led to violence. Do illegal immigrants work in companies? "They save by undercutting wages and safety. The company was given extra time to respond to claims after his letter, but did not do so by new deadlines anyway. TJ Enterprises posted this notice to its employees. His car was repossessed. I am unable to comment or provide insight into allegations regarding the actions of the former owners. 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