Tag Archives: IRCA

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

Posted in Case comment | Tagged , , , , , , , | Comments Off on Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge

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

Posted in Case comment | Tagged , , , , | Comments Off on Wyoming Employer Need Not Keep Immigration Documentation on Hand

Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits

On Monday, in Cruz v. Workers’ Comp. Appeal Bd. (Kennett Square Specialties), 2014 Pa. LEXIS 1772 (July 21, 2014), the Supreme Court of Pennsylvania held that as to the proper allocation of the burden of proof between an employer and … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits

Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act

The Supreme Court of Iowa recently held in relevant part that undocumented workers are not excluded from the Workers’ Compensation Act’s definition of “employee” and that the contract of employment between an undocumented worker and the employer is not void. … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act

New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification

In spite of the fact that the Federal Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful to knowingly hire undocumented (illegal) aliens [see 8 U.S.C.S. § 1324a], the dominant, although not unanimous, rule is that such undocumented … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification