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Unocumented Workers: Hiring Undocumented Workers

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Many have heard of the American Dream. It is the idea by which freedom means that one is afforded the opportunity for prosperity and success reached by hard work in a culture with few barriers. People from all over the world aspire to come to America and live this dream, the American Dream. Millions of immigrants legally enter this county in pursuit of the aforementioned dream; however, each year half a million immigrants enter this country unlawfully (Immigration Reform. 2006. P5). Consequently, millions undocumented workers have entered the American workforce. Most of the blame for the steady rise of undocumented workers goes to U.S. employers, not those seeking a better life. It is due to the demand for low-paid workers, especially in certain …show more content…

The employer entered into a voluntary settlement agreement with the National Labor Relations Board (NLRB), assenting to reinstating and recompensing, back pay, each illegally discharged person. Later, the employer refused to comply with the negotiated terms of the agreement because the firm proclaimed to have evidence that many of the discharged individuals were undocumented workers. Therefore, if reinstated, the employer would be in violation of both federal (Immigration and Reform Control Act of 1986) and state (the Legal Arizona Workers Act) immigration laws. Both of which prohibits the hiring of undocumented workers. As a matter of public policy, the employer should not be required to reinstate the unlawfully terminated employee, due to said persons being undocumented workers. Although the employer signed an agreement to reinstate the workers, by knowingly reinstating the undocumented workers, the employer will face additionally chargers as the firm will be in violation of both IRCA and the Legal Arizona Worker Act laws. It is never public or legal policy to violate laws in order to protect the employment rights of individuals that are not legally residing in the country. If the workers are allowed to be reinstated, then it would set a precedent in which undocumented workers would be pursuing the same rights as legally employed individuals. The law the NLRB enforces gives employees the right to act together to try to improve their pay and working conditions, with or without a union. If employees are fired, suspended, or otherwise penalized for taking part in protected group activity, the National Labor Relations Board will fight to restore what was unlawfully taken away. These rights were written into the original 1935 National Labor Relations Act and have been upheld in numerous decisions by appellate courts and by the U.S. Supreme Court. However,

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