Shegerian & Associates Founder Comments on Recent Superior Court Immigration and Job Discrimination Ruling

LOS ANGELES, July 8, 2014 /PRNewswire-iReach/ -- Carney R. Shegerian, founder of Shegerian & Associates, a Santa Monica-based employment discrimination law firm, has issued a statement regarding the Superior Court of California County of Los Angeles 5-2 decision that illegal immigrants are not barred from suing employers for back wages due to discrimination. The June 26 ruling involved claims of disability discrimination and retaliation from an immigrant who used false documents to obtain employment, but whose exact immigration status is still in question.

Unbeknownst to his employer, the immigrant, Vicente Salas, used a social security number which was not his own in order to obtain his job, then later sued his employer for failing to accommodate his disability and for retaliating against him after he filed worker's compensation claims.

The case prompted the court to address the issue of whether federal immigration law which prohibits the unauthorized use of social security numbers by illegal aliens preempted a 2002 state law, Senate Bill No. 1818, which allows workers to sue employers regardless of immigration status.

Justice Joyce Kennard, now retired, wrote for the majority explaining that an employee is entitled to back wages which accumulate before an employer becomes aware of a worker's ineligibility to work under federal immigration laws. However, the worker would not be entitled to back wages which occur after the employer becomes aware of the ineligibility according to federal law.

"Although federal immigration law prohibits an unauthorized alien's use of any false document to get a job, that law does not prohibit an employer from paying, or an employee from receiving, wages earned during employment wrongfully obtained by false documents, so long as the employer remains unaware of the employee's unauthorized status," the court ruled.

While the ruling comes as a shock to some, Attorney Carney Shegerian is not surprised. "The complexities of this case warranted an outcome which some may find peculiar. However, the court did stand for the express wording of Senate Bill No. 1818 which protects workers regardless of immigration status. This protection is necessary since any worker, whether legal or illegal, can unfairly experience discrimination and should have protection when these incidents occur."

Carney Shegerian is an experienced trial attorney and winner of the Trial Lawyer of the Year Award for 2013. He has sustained a remarkable career representing individuals and large corporations in employment discrimination cases for more than a decade. Over 68 jury trial wins, including 28 seven and eight figure verdicts representing employees, highlights his outstanding success rate.

Located in Los Angeles County, Shegerian & Associates is a law firm specializing in protecting the rights of employees who have been wronged by their employers.  Shegerian & Associates is dedicated to serving the needs of its clients, and has won over 68 jury trials, including 28 seven and eight figure verdicts.  For more information, visit www.ShegerianLaw.com or www.GotFired.com, or to learn more about Carney Shegerian specifically, visit www.CarneyShegerian.com.

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SOURCE Shegerian & Associates

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