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Wednesday, March 09, 2016

Do non-citizen workers have rights to compensation and a non-hostile work environment?

So this article published in an Indiana paper & written by a local blogger Gregory Tejada  raised some good questions. I'm no lawyer let alone an immigration expert but it something worth exploring and hoping there is an update to this:
Griffith police Commander Keith Martin said Wednesday that the 45-year-old Griffith man faces a felony charge of intimidation and a misdemeanor charge of battery for an incident that occurred Monday at the Griffith Gyros & More, 105 N. Broad St.

Martin said police received a call at about 7 p.m. claiming a disturbance at the restaurant. When officers arrived, they found employee Jose Martinez, who lives in Calumet City, Ill., with marks on his face and arm.

"It was obvious he had been hit," Martin said.

Martin and Jose Bustos, manager of the East Chicago-based Immigration Support and Assistance Center, both said that the incident occurred when Martinez was working Monday night and called his boss to complain about how busy it was.

Martinez told the Post-Tribune that he told the manager Monday he would quit his job immediately if help did not arrive to deal with an onslaught of customers.

Police said the manager then came to the restaurant and began yelling at Martinez for making a threat to quit, then began hitting him with a clenched fist.

Martinez said the man made threats to him during the fight concerning his immigration status, indicating he had no right to walk off a job. Martin said witnesses confirmed threats were made, but could not say what those threats were. Martinez admitted he is not a U.S. citizen, Martin said.

Martinez said the manager threatened to shoot him. "I thought I could get killed," he said.
Where do I begin? Well another thing from this article at least is his now former employer wants to withhold wages.

OK so it appears he's in a hostile work environment a boss who will threaten him and assault him. Not only that will make reference to his immigration/citizenship status just to threaten him.

It makes me wonder if this boss wasn't above the boards with his business and employees. Perhaps he knew what he was doing when he first hired people. Who knows?

Count me in as one of those people who want better controls over who enters this country and their paths to citizenship. What I see here, there is so much wrong with this picture my hope is Martinez finds a lawyer who'll take this fight to his former boss. Whether an immigrant or not no one deserves this treatment!

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