Author Topic: Former illegal immigrant used fake Social Security number, sues over job rejections  (Read 304 times)

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Offline Rapunzel

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Offline GourmetDan

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We used to get these guys at work.

They'd come to HR and say, "I used to be Juan Gonzales, but my real name is Pedro Martinez and here are my legal documents..."

"The heart of the wise inclines to the right, but the heart of the fool to the left." - Ecclesiastes 10:2

"The sole purpose of the Republican Party is to serve as an ineffective alternative to the Democrat Party." - GourmetDan

Offline raml

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I held a job that a felon couldn't have because it was JP Morgan a bank who hired me even though I was not working in one of their banks but another company they owned. It was the law that a felon can't work at a bank. I imagine the dept of corrections have the same laws it has nothing to do with discrimination. When I lived in California a church I belonged to had a couple of Hispanics who worked for the department of corrections very nice guys and I am sure there are plenty more who do so how can they prove discrimination? This type of lawsuit should just be thrown out and not have to be dealt with by the state it just adds to the growing debt the state has when they have to defend their laws. I say if it is law then that is it no exceptions. This has all come about because of the way Obama coddles illegals who break the law. Now even when one finally becomes a citizen they want to sue about something they shouldn't be allowed to.

Offline Oceander

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The facts are a little messier than they might seem based solely on the headline.  I don't think that this is unconstitutional discrimination, but I do think that the decision to not hire him because of the fact that he originally - when he was a minor - had a fake SSN was arbitrary and capricious and should be reversed as such by the California courts.  On the facts there is nothing to suggest that he "lack[ed] honesty, integrity, and good judgment" simply because as a minor he got a SSN that turned out to be fake.  The mere fact that he was illegal - which he may, or may not, have known, given his age - does not necessarily imply that he must have known that the SSN he got was fake or that he was not legally permitted to have an SSN.  Furthermore, the fact that he stopped using it once he learned it was fake and started using a TIN that he properly applied for - even though that change would indicate to the government that he had been using the old SSN illegally, thus exposing him to the danger of arrest, prosecution, and conviction - demonstrates that he in fact possessed "honesty, integrity, and good judgment."

I don't think this is a case of discrimination against hispanics, and I sincerely hope that the case is tossed on that basis, but I do think the denial was arbitrary and capricious and I would hope the California gov't, or the California courts, would see as much and reverse the denials.

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