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Case ID: 4915 | Employment | 09/19/2006
A class action immigration lawsuit has been filed against Cafe Express, its parent company Wendy's International, Inc. and its former law firm on behalf of nearly 100 undocumented employees who were recently fired.
According to the lawsuit, the restaurant defendants and the Houston-based law firm missed a 2001 deadline to file paperwork that could have allowed the employees to become permanent U.S. residents. The employees then were fired because they lacked resident status. Under the Legal Immigration and Family Equity Act of 2000, undocumented immigrant workers were allowed to file for permanent residency status. The one-time opportunity was dependent upon their Alien Labor Certification Application being on file April 30, 2001. Cafe Express developed a program in which the restaurant defendants and the law firm would complete and file the applications for the employees, and the company would deduct $25 from the employee's weekly paychecks to cover the legal fees. However, plaintiffs allege that the law firm missed the 2001 application deadline. The employees were not notified of the mistake at the time, and the weekly deductions continued from May 2001 through December 2005. The employees were informed of the missed deadline on July 7, 2006, when Cafe Express sent a letter informing them that their applications could not be successfully completed. The employees were also told that unless they could prove that their applications were filed on time, independent of the law firm, they would be fired on Sept. 15, 2006. The lawsuit seeks to represent any undocument employee of Wendy's that claims his/her paperwork was not submitted by Cafe Express in a timely fashion. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest Retirement plans are often so confusing that it seems like you need to be an accountant to understand them. On July 31, 2003, the trial court ruled in favor of the employees in a class action against IBM Corporation and the IBM Pension Plan on behalf of certain employees who allege that the company's changeover from a traditional retirement plan to a newer cash balance plan has cheated them out of part of their retirement. Benefits will not be available to class members until all possible appeals have been exausted.
A class action lawsuit has been filed in the Southern District Court of Florida against BT Foods, Inc. The case involves violations of the Fair Labor Standards Act. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A class action lawsuit has been filed in U.S. District Court for the District of Colorado against Goodyear Tire and Rubber Company. The case involves violations of federal labor law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. The complaint alleges that security officers employed by the Florida company were routinely denied overtime pay regardless of how many hours they were required to work. The federal Fair Labor Standards Act (FLSA) requires employers to pay employees overtime of time and one-half the normal rate for all hours in excess of 40 in a single workweek. A statewide class action has been filed in Florida against Morningstar Holdings, LLC, the owner and operator of The Bonati Institute. The action is brought on behalf of all former employees of Bonati who were terminated when Bonati suddenly closed its doors on December 19, 2003. The action is brought under the Federal Worker Adjustment and Retraining Notification Act (WARN) and seeks damages in the form of 60 days pay, bonuses, accrued vacation time and holiday pay as well as pension and 401k contributions and health and medical insurance contributions and any medical expenses incurred during the period where coverage should have been provided. A class action lawsuit has been filed in the Middle District Court of Florida against Win-Dar Construction Company Inc. for violations of the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Class members seek unpaid overtime compensation, damages, attorney's fees and costs of the litigation. |
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