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Big Buisness Finally Getting Nailed for Illegals

ELKCHSR

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Wal-Mart Settles Labor Suit for $11 Mln

By Elizabeth Lazarowitz

NEW YORK (Reuters) - Wal-Mart Stores Inc. (NYSE:WMT - news) on Friday said it would pay a record $11 million to settle a civil probe by U.S. authorities into allegations it knowingly hired floor-cleaning contractors who employed illegal aliens.

The world's largest retailer said the government will not pursue any criminal charges against Wal-Mart or any of its employees.

The deal resolves a more than four-year-long Department of Justice investigation into the employment practices of the company's former floor-cleaning contractors.

"This case breaks new ground ... because this a record dollar amount for a civil immigration settlement" and because Wal-Mart has to set up an internal compliance program, said Michael Garcia, a Department of Homeland Security official.

Wal-Mart agreed to establish a way to verify that its independent contractors are taking reasonable steps to comply with immigration laws, and to provide training for store managers to prevent the hiring of illegal workers.

"Our compliance program did not include all the procedures necessary to identify independent floor cleaning contractors who did not comply with federal immigration laws," Tom Mars, Wal-Mart's general counsel, said in the statement.

The $11 million deal is about four times larger than any other single payment received by the government in an illegal alien employment case, federal officials said.

"It is a lot of money, but we think that the amount is designed to get attention, and to remind businesses everywhere that they have a duty to ensure their outside contractors are following federal immigration laws," Wal-Mart spokeswoman Mona Williams said on a conference call.

In a U.S. Securities and Exchange Commission (news - web sites) filing last September, Wal-Mart said any money paid to resolve the matter would have no material impact on its financial condition or results.

Bentonville, Arkansas-based Wal-Mart has annual sales of $256 billion, equivalent to the gross domestic product of Austria. In February alone, its total sales were $22.37 billion.

The agreement with the government includes a statement that "Wal-Mart did not have knowledge, at the time the independent contractors initially were hired, that the independent contractors knowingly hired, recruited or employed" undocumented workers, Wal-Mart said.

Wal-Mart said floor cleaning at its U.S. stores will be done by Wal-Mart associates and that it is trying to build stronger internal controls into its contractor review process.

Among its initiatives are ensuring company officers approve store-level contracts over $10,000, strengthening contract language, requiring written agreements for all maintenance contracts, and implementing a document management system that will allow it to police contracts more closely.

Federal authorities also announced that 12 corporations that provided contract janitorial services to Wal-Mart between 1998 and 2002 have agreed to forfeit $4 million to the United States and agreed to enter corporate guilty pleas to criminal immigration charges.

The probe by a federal grand jury in Pennsylvania began after a series of raids in 2003. U.S. agents rounded up about 250 illegal immigrants working at about 60 Wal-Mart stores in 21 states. The workers were hired by private contractors used by Wal-Mart to clean the stores.

Earlier government investigations prompted a 2001 raid at Wal-Mart's stores in Pennsylvania, New York, Ohio and Missouri that resulted in the arrest of about 100 illegal aliens.

Wal-Mart has faced a barrage of criticism for its employment practices in recent years. This February, the company lost a $7.5 million discrimination lawsuit filed by a former worker who suffers from cerebral palsy.

Wal-Mart's shares edged down 73 cents, or 1.4 percent, to $51.60 shortly before the close on the New York Stock Exchange (news - web sites). (Additional reporting by Jeremy Pelofsky and Brad Dorfman)
 
This is an odd case from what I understand of it. Wal-Mart gets in trouble, not for their employees on their payroll. They get in trouble for a sub-contractors employees. Ultimately, the illegals were working in a Wal-Mart store (cleaning) but not directly being employed. It seems like fining a 50 year old parent for a 25 year old childs drug possession. (IMO)

There has been a similar case in Montana with Les Schwab, a tire company. They sold retread tires (wholesale) to an independent tire company. The independent sold them to another company that used them for hauling. The retread was put on as a front tire (where it should not have been put on, it should have been a rear tire). The tire blew out and the truck veared and hit another group of people in another car. Some people were killed. Ultimately, Les Schwab got a few million taken out of their pockets during the law suit that followed.
 
It is government grandstanding...wal-mart is an easy target just like Bill Gates. It's plaintiff's attorney tactics of litigating the deepest and most publicly recognized pockets. I'm not saying that wal-mart shouldn't be called for not specifying that their subcontractors be legal but officials should enforce the same stipulations generally instead of selectively.
 
They should go after "everyone" who hires illegal labor in "any" capacity after all its called ILLEGAL.. that explains that!... we have 11 drug dealers who were ILLEGAL immigrants dealing HEROIN to the local high schools. The kingpin is a 21 yr old who was living the life of a tycoon, big house in paradise valley,maids,gardner etc....yet the liberal press refered to the 11 heroin dealers as "undocumented".. you would think that at least the press could put illegal and heroin together in the same article. The point is Illegal is illegal no matter how you try to sugar coat it or explain it.. The wallmart scandel is a small start.
 
Wow, umm well walmart very popular if i were them or whoever i woulda mess the stores rep , if i were either, anyway i llike wlamart very good very nice but sometimes they did some stupid chit i know guy who work there filed lawsuit he got hurt so was fair but they need really keep thier rep good if they wanna compete with kmart nad rest , these damn illegals like a bunch of cockroaches :D :BLEEP:
 
Then get off your ass and clean them yourself...Oh i see you would rather have the law be broken? what don`t you understand about the word ILLEGAL?
 
Elkhunter if you hired a hitman should you?Here we go the old semantics bullshit...If wallmart knows that there are illegals working in/on their property. YES they have a responsibility.. Just like all of the homebuilders that hire millions of illegal subcontractor labor...Let see you think they don`t know? hump
 
So if the contractor you hire in good faith based on the job you contracted them to do gets busted for something, other than hiring illeagals, you should be the one responsible because what they did was illeagal?
 
Uhhhhhhhh, you are the one that brought up the hitman. Oh, I know, you were referring to an illeagal hitman. Now I have it. ;) :cool: :rolleyes:

Not defending anyone, I just aked you a question and you seem to have trouble with that. :confused:
 
CJ would allow "documented" hitmen.... Just not the illegals.

CJ, the reason you hire Contractors is because you don't want to hire employees. You "contract" the managment of the employees to the Contractor.

Wal-Mart does this probably in order to stay away from a Janitor's union. A General Contractor on a house doesn't know the status of the documentation of the guy actually setting the concrete forms. That is the Sub-contractor's job to make sure the guy he hired was "documented". This was a bad idea to go upstream to Wal Mart on this one, imo.
 
Now as a lawdog you should know that "mitigating" circumstances are present and different in most cases ... so unless you ask me "specifics" about hiring sub -contractors, how can i give you an answer?... In general if you "knowingly" hire someone contract or not... who is breaking the law [as in the wallmart case] on/in around and for your benefit [profit] then yes you have a part of the crime "related" to your association with the party committing the crime...to what extent will/should be determined by the courts......You can defend or make all of the excuses you want for Wallmart...but the fact is they paid 11 million to avoid a Criminal penalty which is much harder to prove than the civil penalty [fine they paid] So its obvious that the government had them cold [guilty] knowingly aided in the employment of illegal labor [a felony]. Guilty as charged...case over.
 
CJCJ- I doubt Wal-Mart wanted to keep a case like this going. It would cost more in bad publicity for an extended period of time than to spend 11 million in a fine. When you consider it is the largest retailer in the world, it's easy to see 11 mil. being chump change to them.

In some cases I don't mind seeing a large company get fined, I just don't like people being able to sue up to the "big pockets" even if they are not directly guilty. I just don't understand the thinking that goes into these lawsuits. Litigate to the one with the largest image.

I gave one case that this happened and I can relate a lot more, as this is the new precedent that has been set.
 
MattK,
I know the attorney's who represented the families of the people killed in the Les Schwab example. He is a hot shot out of Bozeman and very, very good. I would say that there are a few more circumstances to that case that may have warranted LS tires being found liable.

As for Wally World it was simply hush money or cheaper to pay the money then to have their name in the paper. You should see how the Rev. Jesse Jackson has shaken down corporate American for millions using the same tactics. KEEP HOPE ALIVE

Nemont
 
Ollin Magnetic Digiscoping Systems

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