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Old 01-17-2012, 03:54 PM
 
Location: Maryland
15,179 posts, read 15,809,199 times
Reputation: 3028

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Quote:
Originally Posted by 1AngryTaxPayer View Post
Example, you hire someone to haul junk to the dump. They get into an accident. They are illegal and have no license, insurance or registration. The other party in the accident will go after who hired them.
Exactly. But, if you hire illegals to work on your house and they get injured, or you hire a contractor who employs illegals and has no insurance coverage for his illegal crew. . . watch out!
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Old 01-17-2012, 04:00 PM
 
14,307 posts, read 11,144,640 times
Reputation: 2130
Quote:
Originally Posted by Benicar View Post
Exactly. But, if you hire illegals to work on your house and they get injured, or you hire a contractor who employs illegals and has no insurance coverage for his illegal crew. . . watch out!
True. Hey, welcome back, Benicar!
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Old 01-17-2012, 04:04 PM
 
Location: Maryland
15,179 posts, read 15,809,199 times
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Quote:
Originally Posted by chicagonut View Post
True. Hey, welcome back, Benicar!
Thanks!
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Old 01-17-2012, 05:56 PM
 
373 posts, read 488,292 times
Reputation: 192
Without trying to split hairs over what is legal and so forth the solution is and will be from now a simple written addition to the contract thats says that the contractor will take full legal responcibility for all of his workers being legal to work here and if under ANY CIRCUMSTANCES there is a problem of any kind the contractor will furnish full records of all of his workers and still be held responcible to have ALL WORK REMOVED AND REPLACED THAT WAS COMPLETED BY ILLEGALS..at his cost That I think will be legal and solve the problem...you wont be hearing nothing but good well spoken ENGLISH on your property then you can bet on it .This way no one can say you are pointing a racist finger at any of his workers, The finger will be pointed at him and his wallet...A perfect solution.
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Old 01-17-2012, 06:51 PM
 
11,536 posts, read 8,462,710 times
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Quote:
Originally Posted by tinman01 View Post
I cant and wouldnt try to speak for the op. You should ask him your question.
I think he originally did.
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Old 01-17-2012, 07:01 PM
 
792 posts, read 1,056,233 times
Reputation: 1087
Quote:
Originally Posted by Falconman View Post
When I had a new roof put on my house I suspected the company might be working illegals but didnt know for sure. I didnt want to take work away from the american citizen who owned the company so here is what I did. I told the owner that if I saw anyone of his workers who didnt speak english or appeared to be an alien I would require FULL LEGAL DOCUMENTATION of the workers ON MY PROPERTY OR HE WOULDNT BE PAID. He of course didnt like it but afterall it is MY property and MY MONEY that is being paid for the service. If we all would do little things like this it would help teach the employers that crime does not pay.If he had illegals on his payroll he made sure they didnt show up at my place .I make the rules here.
I commend you....thank you !
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Old 01-17-2012, 08:17 PM
 
387 posts, read 270,592 times
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Quote:
Originally Posted by Benicar View Post
By law, employers are required to ONLY hire those eligible to legally work in this country. If the contractor is operating a legitimate business, he/she will comply with the law by completing I-9 forms on all employees; and will not object to providing proof, if requested, of the work eligibility of the employees assigned to a project.

Moreover, employment anti-discrimination laws are only applicable to employers with a workforce of at least 15. In addition, the 15 or more must work on each working day of 20 or more calendar weeks during the current or preceding year. Therefore, contractors with less than 15 employees, or those with 15 or more employees (not independent contractors picked up at Home Depot, etc.) who work sporadically, are excluded from the law. If the workers choose to file an employment discrimination lawsuit, it would be against the contractor as their employer, not the homeowner.

Bottom line: A homeowner is not in violation of EEO by requiring a contractor to provide proof of work eligibility for the assigned crew. It would also behoove a homeowner to require proof of workers' comp insurance.
Read it again. That was not the issue. You could perfectly well demand the legal status of all employees on your job. Now that will likely get complicated quickly as there are also privacy statutes that vary by state that may well be violated if passport or green cards or even drivers licenses are shown to a client without the permission of the employee. YOu could demand that all employees be eligibile to work in the US and demand that the contractor sign a statement so agreeing...but that is not access to the actual status...just the contractors view.

You sure the EEO laws of the states are the same as the federales? Really?

Any worthy lawyer is going to sue the homeowner as well on such a thing as tortuous interference for getting into the employer/employee relationship of the contractor. The homeowners lawyer may or maynot be able to rescue him but the lawyers bill will have to be paid.

Discrimination is dangerous legally. You may find an exception that protects you. But the other side may find one that pulls you back in...and it is complex. At best though you escape after paying your lawyer a small fortune. Better not to go there.
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Old 01-17-2012, 08:27 PM
 
Location: somewhere in the woods
16,886 posts, read 12,536,143 times
Reputation: 5210
Quote:
Originally Posted by libertylover7 View Post
Federal stuff at...

Federal Laws Prohibiting Job Discrimination: Questions And Answers

You can find similar state stuff by googling equal opportunity.

this would not apply, as the person would be buying the work done by the contractor. it would apply to the contractor.
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Old 01-17-2012, 08:29 PM
 
Location: somewhere in the woods
16,886 posts, read 12,536,143 times
Reputation: 5210
Quote:
Originally Posted by fisheye View Post
About two years ago I had a new roof installed on our house. We had a new roofer that opened a shop close to our house. I received a bid of right around $10,000 - which was in line with other roofers in our area.

Our economy was down and I wanted my money to help our local economy. I asked the contractor if he used local help and he replied that he did. He asked me to give him half the money down to pay for the materials - which I did. I did not think to stipulate in the contract that he would not use illegal workers!

The materials were delivered and the work crew showed up on time. I was in an out that day and did not pay that much attention until they were finishing. I think, but cannot prove, that most of the group was illegal. Only one of the eight workers spoke English - I know that language does not prove citizenship or legal status. I am also aware of all the trouble I could be in for stereotyping.

Besides the possibility that my money could have enabled illegal immigration; I also question the other negatives of allowing this mess to continue. My wife told me that they took no breaks or lunch, that they were very hard workers. The shingle lift that they used had a broken foot and was bent. I was a union member for thirty years. We fought for better working conditions and championed safe work practices. Even though I have no complaints with their work (other than stated); I still feel deceived. I would never hire them again.


next time call ICE, let them deal with any criminal aliens.
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Old 01-17-2012, 09:56 PM
 
387 posts, read 270,592 times
Reputation: 40
Quote:
Originally Posted by monkeywrenching View Post
this would not apply, as the person would be buying the work done by the contractor. it would apply to the contractor.
Nope see prior post.
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