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Whitman within law, immigration lawyers say

hypocritexposer

Well-known member
As I thought. If Whitman had probed further regarding the legal status of the employee, she would have exposed herself to a discrimination suit.

It's too bad that this illegal alien was taken advantage of for political gain, but it was not Whitman that did so.



Whitman within law, immigration lawyers say
Carolyn Lochhead, Chronicle Washington Bureau

Friday, October 1, 2010

More... (10-01) 04:00 PDT Washington - --

Whether or not Republican gubernatorial candidate Meg Whitman received a letter from the Social Security Administration saying her former housekeeper's false documents did not match its records, Whitman did not act unlawfully by keeping the housekeeper employed, immigration lawyers said Thursday.

In fact, had she gone ahead and fired Nicandra Diaz Santillan based on such a letter, she would have exposed herself to potential anti-discrimination violations, lawyers said.

Whitman says she wasn't aware of receiving a "no-match" letter.

Lawyers said an employer's obligation upon receiving a no-match letter from the Social Security Administration is to check their own records for typographical or other errors, inform the employee that the records do not match and tell the employee to correct them.

"There is no additional legal obligation for an employer to follow up or respond to SSA with new information," said Gening Liao, a labor and employment attorney at the National Immigration Law Center in Los Angeles, which defends immigrants.

Liao added that it is "very important that the employer does not take adverse action against the employee" merely based on a letter from Social Security.

Nor was Diaz under any obligation to pursue the matter, Liao said. Correcting a mismatch is "primarily for the benefit of the employee," she said, to make sure they can collect all the benefits due them for their work.

The attorney for Diaz Santillan has not said whether the Whitmans' former housekeeper received a mismatch notice. Social Security's notice to employees says the letter "does not, in and of itself, allow your employer to change your job, lay you off, fire you or take other action against you."

Had Whitman questioned Diaz's legal status after Diaz presented documents when she was hired, Whitman again would have exposed herself to discrimination violations.

"Not only is (accepting the documents) all the law required her to do, but there's a counterbalancing anti-discrimination law that keeps her from probing further or demanding different documents," said Crystal Williams, executive director of the American Immigration Lawyers Association in Washington.

Social Security records are riddled with errors, especially on female Hispanic and Asian names that follow a different order from English names, or are changed after a marriage or divorce.

"There are a lot of reasons other than immigration status that a Social Security number could be wrong," Williams said.

Once Diaz announced that she was in the country illegally, it was Whitman's legal obligation to fire her, attorneys said.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/30/MN931FME32.DTL
 
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Anonymous

Guest
She may have been within the law --BUT she is supposed to be a major US Industry Icon and now a community/state leader (or any way she wants to be)-- that teo of the major problems within the area/state is illegal immigrants and people hiring illegal immigrants- and illegals stealing/using false identification/ID theft....

Any normal person/employer living in an area with a lot of illegal latino immigrants from Mexico- and has an employee by the name of Nicky Diaz Santillan working for them- that the Social Security Administration notifys that the SSN# she is using does not match the name of the person issued that #-- would immediately in their mind question that employees legality and be making some efforts contacting immigration and SSA to check out why the discrepency....

But what does Whitman and her husband do- NOTHING....And keeps her employed for 6 more years.... :roll: :( :(

And then after she says the employee supposedly admitted to being illegal just last year, she fired her--BUT again never did what most normal citzens would do (let alone a supposed good citizen industry/community leader) and never contacted immigration to report the woman as being in the country illegally- or that she was/is committing fraud by using falsified documentation which is both a federal and state crime (for the state she wants to be Gov of)...

So much for all this conservative/Repub talk of taking personal responsibility if Whitman's sticking her head in the sand is an example,:roll:
Like I said- she exemplifies why the illegal immigrant problem will never get handled....

Maybe Steve is right--California deserves someone as dumb and/or crooked as Whitman... :wink:
 

hopalong

Well-known member
Oldtimer said:
She may have been within the law --BUT she is supposed to be a major US Industry Icon and now a community/state leader (or any way she wants to be)-- that one of the major problems within the area/state is illegal immigrants and people hiring illegal immigrants....

Any normal person/employer living in an area with a lot of illegal latino immigrants from Mexico- and has an employee by the name of Nicky Diaz Santillan working for them- that the Social Security Administration notifys that the SSN# she is using does not match the name of the person issued that #-- would immediately in their mind question that employees legality and be making some efforts contacting immigration and SSA to check out why the discrepency....

But what does Whitman and her husband do- NOTHING....And keeps her employed for 6 more years.... :roll: :( :(

And then after she says the employee supposedly admitted to being illegal just last year, she fired her--BUT again never did what most normal citzens would do (let alone a supposed good citizen industry/community leader) and never contacted immigration to report the woman as being in the country illegally- or that she was/is committing fraud by using falsified documentation which is both a federal and state crime (for the state she wants to be Gov of)...

So much for all this conservative/Repub talk of taking personal responsibility if Whitman's sticking her head in the sand is an example,:roll:
Like I said- she exemplifies why the illegal immigrant problem will never get handled....

Maybe Steve is right--California deserves someone as dumb and/or crooked as Whitman... :wink:

your words She may have been within the law now do you know and understand the process that the SSA uses in such matters?
How it goes about handling them?
Nicky Diaz Santillan is not exactly a Mexican name!!!!!Well maybe it is to someone from Montana not understand the traditions

:wink: :wink:
Have you ever gotten one of those letters? do you know what is said? waht is to be done?
Do you have any clue how the process is even started?

Under which title of the SSA regulations does the notification fall under? Can you tell us that?

How can you set there and mouth off about thsi yet keep your mouth shut about Obamas aunt??? ILLIGAL??? eh??
Did you check out e verify like I showed you?

the more you comdem the more you show a lack of knowledge, just a lot of crying without being hurt


How do you know that Witman did nothing aboput the discrepancy????
Because the lawyer said so????? or even NIcky saying so??
guess you are not as much of a judge as you claim to be in using evidence :wink: :wink:
That goes for the rest of the statements the woman made, easy to take as the truth EH oldtimer??

Would you accept this as evidence in any trial you presided over?

YES or NO
 
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Anonymous

Guest
Tam said:
She may have been within the law

translation: Well that piece of crap didn't stick to the wall but maybe the next one will. :roll:

Tam-- Talk about pieces of crap--- show me where I ever said Whitman broke the law.....
 

hopalong

Well-known member
Oldtimer said:
Tam said:
She may have been within the law

translation: Well that piece of crap didn't stick to the wall but maybe the next one will. :roll:

Tam-- Talk about pieces of crap--- show me where I ever said Whitman broke the law.....


I just figured it out DUUUUUUUUUUUUUUU oldtimer is a woman hater!!
O'Donnall, Palin, Whitman, Tam, FH, he bashes them all the time :wink: :wink:
Guess he didn't ghet his diaper changed enough as a child, oppppps as an adult too!!! :D :D

EH?????
 

Tam

Well-known member
Oldtimer said:
Tam said:
She may have been within the law

translation: Well that piece of crap didn't stick to the wall but maybe the next one will. :roll:

Tam-- Talk about pieces of crap--- show me where I ever said Whitman broke the law.....

YOU ARE DIGGING THIS CRAP UP AND POSTING IT HERE ON RANCHERS So I could care less if you believe it, YOU are tossing it out hoping it will stick to Meg so people will question voting for her. It is just funny how you seem to only toss this kind of crap at Conservative women. I'm sure if you looked you could find something to toss out there to make a person question voting for a liberal man but that would not fit your sexist agenda. :x
 
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