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Worker’s immigration status won’t let employer off hook

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in Employment Background Check,Human Resources

A California appeals court has ordered a new trial for a worker who may have lost a lawsuit because the jury learned that he was an illegal immigrant.

Recent case: Wilfredo sued his employer, alleging that chemicals he had to work with on the job had caused lung disease. In court, Wilfredo’s undocumented status was introduced, and he wound up losing his suit.

He appealed, arguing that his immigration status was irrelevant to the injury. The court granted a new trial, reasoning that Wilfredo might have won if the jury did not know about his illegal status. (Velasquez v. Centrome, No. B247080, Court of Appeal of California, 2015)

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