Tag Archives: alien

Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge

In a divided decision, the Supreme Court of Minnesota held that an injured undocumented worker had raised a genuine issue of material fact as to whether an employer had discharged him—and whether that discharge was motivated by the worker’s action … Continue reading

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Wyoming Employer Need Not Keep Immigration Documentation on Hand

While the workers’ compensation laws of virtually all states include illegally employed persons—e.g., minors and undocumented “aliens”—within the term “employee,” Wyoming’s definition is more restrictive. Only those aliens whom the employer “reasonably believes, at the date of hire and the … Continue reading

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NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien

N.Y. Work. Comp. Law § 11 bars third-party lawsuits for contribution and indemnification against an injured employee’s employer unless either (a) the employee suffered a “grave injury,” limited to death and the exclusive list of disabilities defined in the statute, … Continue reading

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Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented Worker

The Court of Appeals of Iowa, in Carter v. Alter Trading Corp., 2012 Iowa App. LEXIS 879 (Oct. 17, 2012), applying the state’s “equitable” apportionment of workers’ compensation death benefits principles found in Iowa Code § 85.43, recently held that … Continue reading

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