Interesting ruling out from the Tennessee Court of Appeals in Jackson just released involving the legal standing of illegal immigrants to sue their former employers, even though they werent legally entitled to hold those jobs. In the case of Ricardo Torres v. Precision Industries, the court ruled that Torres, an illegal immigrant, does have standing to sue his former employer for firing him allegedly because he asserted a workers compensation claim. Lawyers for Precision Industries had moved for summary judgment, arguing that the employee could not bring a claim for retaliatory discharge because he was not legally authorized to work in Tennessee. The trial court had granted summary judgment based solely on the illegal status of the employee, concluding he was incapable of employment, and therefore, could not assert a claim for retaliatory discharge. The appeals court reversed that, issuing an opinion, released today, that says, We reverse, holding that the undocumented employee does have standing to bring a retaliatory discharge claim and remand for further proceedings. No doubt, lawyers for Precision Industries will appeal, and the state Supreme Court will have to decide if illegal immigrants have the standing to sue when fired from jobs they are not legally entitled to have. Any guesses which way the state Supreme Court would rule on that one if we dont dump the three liberal justices in the election tomorrow? You can read the opinion here: tsc.state.tn.us/sites/default/files/torresopn.pdf You can listen to the May 13, 2014, arguments before the Court of Appeals here: tncourts.gov/courts/court-appeals/arguments/2014/05/13/ricardo-torres-v-precision-industries-pi-inc-dba-precision
Posted on: Wed, 06 Aug 2014 22:30:49 +0000
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