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CALIFORNIA SUPREME COURT VOTES IN FAVOR OF UNDOCUMENTED WORKERS’ RIGHTS

Posted by Samuel A. Wong | Jul 10, 2014 | 0 Comments

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Vicente Salas was an employee of Sierra Chemical in California when, while on the job, he injured his back and subsequently filed a workers' compensation claim. Sierra Chemical, then, underwent an annual force reduction, a seasonal occurrence, and terminated Salas. Salas was not hired again when the season's hiring process began.

Salas sued the company alleging disability discrimination and retaliation for his workers' compensation claim. Originally, Sierra Chemicals prevailed and was granted a motion for summary judgment since Salas had used a false social security number to obtain his position at Sierra Chemical. The appeals court upheld this decision as well.

The case escalated to the California Supreme Court.  It reversed the lower courts' motion of summary judgment. The California Supreme Court that while recovery rights of undocumented workers are limited, they are afforded to protections under the Fair Employment and Housing Act. The decision makes it possible for undocumented workers to bring a lawsuit against an employer for unlawful behavior.

About the Author

Samuel A. Wong

Samuel A. Wong is a renowned Orange County trial lawyer and a Co-Founder of Aegis Law Firm. Mr. Wong has spent his entire career litigating employment related matters, including wrongful termination, discrimination, harassment, wage, disability and medical leave cases. Mr. Wong is also an expert ...

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