Law Articles And Legal Issues

Employment Law, Part I

Just how serious is employment law to the small businessperson? Very serious and let me tell you a true story; a horror story, which will make you think about just how serious these issues can be. In San Antonio TX one of our wash trucks was driving down the road and a border Patrol Officer passed them. We run a company which does onsite washing; www.CarwashGuys.com. Down the road they pulled over two trucks and were handcuffing Mexican illegal aliens from those company's work trucks. Our crew drove by on their way to work. They had just left the shop and had on board two workers who worked for Labor Ready Co, for a year and a half previously and were still employed from them from time to time. We had gotten extra workers and filled our service truck with workers who were temporaries to work for us since they needed extra help with the full schedule that day.

The border patrol officer was then done with the other companies' trucks and saw we had Hispanic labor in the back and pulled over our truck after chasing it down the highway. Turns out Labor Ready had hired the illegals because they gave fake identification to them; I question the Labor Ready procedures. Labor Ready charges us $11.95 per hour for workers they pay $5.40 per hour. That is fine with us on those super busy days. So it's a deal and saves us from background checks for jobs that are not too serious like rinsing car lots. Well we found out that 4 of the five workers we had gotten from Labor Ready did not have green cards or US Identification of any type, so they cuffed them right on the highway and took them in. Good, we do not hire illegals anyway. But think about it we hired labor from a reputable nationwide company, a franchise called Labor Ready. They take care of all this stuff and charge us up the gazooo for the workers.

We know they are overcharging but for temporary extra labor for one day it is worth it. They told us there are certain questions they cannot ask them when hiring, such as are you a US Citizen or where were you born or things like that. I cannot believe we have laws in the banking industry called "Know your customer laws" yet in employment we have no "Know your employee laws". We have an unspoken don't ask the employee anything except when can you start and explain the type of work. We have laws in banking so we catch money launderers and those who are working hard to not pay taxes they owe.

So it is okay for the government to enforce those laws through private enterprise, but it is not okay for employers to ask questions to protect homeland security and save themselves from embarrassment. Of course in this case it is not a crime to hire someone who gave you false information, and we cannot collect damages from a company who followed the employment laws? So what the hell do we do here? We want to help enforce the law as well, so do all true Americans. But we have so many laws in place that keep us from helping the situation.

Incidentally the workers who were handcuffed called us at 7 am morning two-days later and are ready to work and asked what time to meet. They were picked up at 9 am hand cuffed and stamped and deported that day. They were back in one day ready to work within 2 days. Some border patrol we have, what a complete joke; protecting America, me ass? Why not implant a homing devise in these illegals and track them by satellite and find out the leaks in the system and plug them; Homeland Security or Homey Land of opportunity. You step up border patrol and catch these people and document on a board the number of deportees, yet they come the day back into the country. This is a true story you can call me for more information.

We have half a notion to go to the border patrol and give them free truck wash every morning and ask them to run the workers records and remove them from the crew. Eventually the yellow truck will be known for not hiring illegals. A few weeks of that and every one who comes to work for us from Ready Labor will know it. Is this what we have to do to plug the system? Can't the border patrol guys figure it out; then we will? If you cannot enforce our borders then open them. But do not lie to the small businesses of America that somehow we are protected at our borders. We are not. This is a sham. Didn't the Jordan Commission spend years putting together a plan only to have it never implemented? Why did we waste or breath? This is pure politics, not reality; another of Smoot's points in his book "The Business Side of Government." One of the workers asked to work for us again and he wanted to borrow the twenty dollars he spent for the bus ride from Laredo to San Antonio. Even the illegals think this is a joke. We told him he could not work for us anymore. He did not understand why, because other businesses would have I guess that is why he was dumfounded when we told him to get lost. We called the border Patrol and they said they could not pick him up unless we knew for sure he was illegal. We said well you picked him up yesterday is he suddenly legal now? Can you prove it? No, all we can prove is your system does not work and that Labor Ready is doing an injustice to its customers, stockholders and this country by not enforcing the laws of our land; the same laws, which have provided economic wealth to them over the years. Are they doing this all over the country? Yes.

The manager of Labor Ready said they did not like the laws either, but they needed to make a living and the companies need workers. So does this mean that Labor Ready who has offices all over Texas never disclosed this to their stockholders or customers? Yes it does, which is a gray area at least and a violation of disclosure law at best. The truth here is that no one cares. We make rules to appease the masses who vote for these things and tell the people we are saving them from terrorists. What about terrorists who are dark skinned and speak Spanish? What if a Middle Easterner spoke Spanish and was a terrorist and told the others he snuck over the border with he was from Argentina, they would not know either. And the business owner would hire them through a temp agency, who was making money off the business owner pointing to employment laws and said, well they had fake paperwork not my fault. Maybe it is not the border patrol's fault but shunning responsibility does not save us from the next attack.

Either we are worried about the next attack or we are not. I want someone to call me from the INS or Border Patrol to discuss this and I want a satisfactory answer or we will take this true story and document it and send it to the media one day before we send it to all the Congressmen and Senators. If we are not worried about terrorists then tell us. If we are, then fix the leaks. Why does it take 10 years to fix problems, when international terrorist groups only wait 3-5 years between acts? Good question worth answering and with all the BS and rhetoric we are seeing opposition from the Hispanic Chambers of Commerce and Hispanic Politicians. With 65% of the population of San Antonio Hispanic who do not want these laws at all, then extend the Mexican Border to include San Antonio TX as a free zone. Why not make it all of Texas and we can then defend the borders of Texas, which can be a free zone with Mexico.

If you are just going to give it lip service and not fix the leaks of illegals then open the borders and forget it. This is pathetic. We know how to enforce the borders and we give out fines to businesses who do not comply, yet allow free entry by anyone who can walk. I am surprised we have not made ADA mandated border crossings for those in wheel chairs or are asthmatically challenged. Put in 1 foot per 1 inch inclines over the Rio Grande for those in wheel chairs and then nice sidewalks all the way to Washington D.C. so they can have a baby and run for Congress or become a radical speech writer and proponent of mass demonstrations and riots. You think I am kidding don't you. I am serious all this is so fake and such a ridiculous waste of breath and tax payers money.

End of Employment Law, Part I

"Lance Winslow" - If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs

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