Skip to main content
Sister Publication Links
  • Rubber News
  • European Rubber Journal
Subscribe
  • Login
  • Register
  • Subscribe
  • Current Issue
  • BEST PLACES TO WORK
  • News
    • HUMANITARIAN
    • TIRE MAKERS
    • COMMERCIAL TIRE
    • GOVERNMENT & LAW
    • MERGERS & ACQUISITIONS
    • OBITUARIES
    • OPINION
    • MID YEAR REPORT
    • SERVICE ZONE
  • ADAS
  • Data
    • DATA STORE
  • Custom
    • SPONSORED CONTENT
  • Resources
    • Events
    • DIRECTORY
    • CLASSIFIEDS
    • SHOP FLOOR
    • AWARDS
    • ASK THE EXPERT
    • LIVESTREAMS
    • WEBINARS
    • SEMA LIVESTREAMS
    • RUBBER NEWS EVENTS
    • BALANCING
    • DEMOUNTING
    • SAFETY
    • TIRE REPAIR
    • TPMS
    • TRAINING
    • VEHICLE LIFTING
    • WHEEL TORQUE
    • Best Places to Work
  • ADVERTISE
  • DIGITAL EDITION
MENU
Breadcrumb
  1. Home
  2. News
August 12, 2014 02:00 AM

PERSONNEL MATTERS: Undocumented Tenn. worker can sue employer over comp filing

Crain News Service
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    By Sheena Harrison, Crain News Service

    WHITEVILLE, Tenn. (Aug. 12, 2014) — Undocumented workers have the right to sue their employers if they believe they were fired in retaliation for filing a workers compensation claim, the Tennessee Court of Appeals has ruled.

    Ricardo Torres worked as a convertor builder for auto supplier Precision Industries Inc. in Whiteville, court records show. In January 2011, Mr. Torres injured his back after five months on the job at Precision.

    Mr. Torres, who was not legally authorized to work in the U.S. at the time, informed Precision of his injury and received treatment from an employer-selected doctor, according to court filings. Mr. Torres hired an attorney to handle his case after he faced trouble receiving workers comp for his injuries.

    The man's attorney contacted Precision in September 2012 to ask for the company's fax number, records show. Shortly afterward, Precision's safety manager and general manager “unprofessionally confronted” Mr. Torres about his comp claim and fired him for “lack of work,” according to records.

    Mr. Torres, who gained legal work status in February 2013, filed a complaint in October 2012 in Hardeman County, Tenn., Circuit Court, alleging wrongful termination in retaliation for filing a workers comp claim and hiring an attorney, records show. He alleged that Precision management threatened him with physical harm and berated him with “expletives and unprofessional language” when confronting him about his comp claim.

    Precision acknowledged in court filings that its managers “became upset” but argued that their actions were “based on legitimate and nonretaliatory reasons or factors.” The employer also argued that Mr. Torres could not assert a retaliation claim against Precision because he was not authorized to work in the U.S. and therefore was “not capable of performing the job,” records show.

    The Hardeman County court dismissed Mr. Torres' complaint, finding that an employee who “cannot show that he is capable of employment has no claim of retaliatory discharge under Tennessee law,” records show. Still, the judge's opinion noted that the reason for Mr. Torres' firing was a “material dispute” and that Precision likely knew of Mr. Torres' illegal work status.

    Extension of right to file comp claim

    The Tennessee Court of Appeals reversed the Hardeman County court's opinion on Aug. 5. It found that Tennessee workers have the right to file workers comp claims in the state, regardless of whether they have legal status to work in the U.S. and therefore, the court said, “the ability” of an undocumented worker “to file a retaliatory discharge is a natural extension of what is already permitted in Tennessee” under workers comp law.

    “Moreover, we find that depriving unauthorized aliens of an avenue to bring a retaliatory discharge claim could potentially increase the incentive of employers to hire illegal workers that they could terminate if a workers compensation claim was filed. This defeats the goals and policies of the immigration laws and Tennessee Workers' Compensation Act,” the ruling reads.

    “It also decreases the burden on employers to provide and maintain a safe workplace, if an employer can easily escape paying workers compensation for an injury by firing an unauthorized alien employee without consequence.”

    The case was remanded to Hardeman County court for further proceedings.

    This report appeared on the website of Crain's Business Insurance magazine, a Chicago-based sister publication of Tire Business.

    Letter
    to the
    Editor

    Do you have an opinion about this story? Do you have some thoughts you'd like to share with our readers? Tire Business would love to hear from you. Email your letter to Editor Don Detore at [email protected].

    Most Popular
    1
    Yokohama, Trelleborg Wheel deal earns final regulatory approval
    2
    Saudi tire plant backers target construction in 2024
    3
    Nokian starts construction on U.S. tire warehouse D/C
    4
    Conti marking Euro car tires with EV-compatible symbol
    5
    Nokian introduces all-terrain tire for N.A. market
    SIGN UP FOR NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Newsletter Center

    Staying current is easy with Tire Business delivered straight to your inbox.

    SUBSCRIBE TODAY

    Subscribe to Tire Business

    SUBSCRIBE
    Connect with Us
    • Facebook
    • LinkedIn
    • Twitter
    • Instagram
    • RSS

    Our Mission

    Tire Business is an award-winning publication dedicated to providing the latest news, data and insights into the tire and automotive service industries.

    Reader Services
    • Staff
    • About Us
    • Site Map
    • Industry Sites
    • Order Reprints
    • Customer Service: 877-320-1716
    Partner Sites
    • Rubber News
    • European Rubber Journal
    • Automotive News
    • Plastics News
    • Urethanes Technology
    RESOURCES
    • Advertise
    • Privacy Policy
    • Privacy Request
    • Terms of Service
    • Media Guide
    • Editorial Calendar
    • Classified Rates
    • Digital Edition
    • Careers
    • Ad Choices Ad Choices
    Copyright © 1996-2023. Crain Communications, Inc. All Rights Reserved.
    • BEST PLACES TO WORK
    • News
      • HUMANITARIAN
      • TIRE MAKERS
      • COMMERCIAL TIRE
      • GOVERNMENT & LAW
      • MERGERS & ACQUISITIONS
      • OBITUARIES
      • OPINION
      • MID YEAR REPORT
      • SERVICE ZONE
    • ADAS
    • Data
      • DATA STORE
    • Custom
      • SPONSORED CONTENT
    • Resources
      • Events
        • ASK THE EXPERT
        • LIVESTREAMS
        • WEBINARS
        • SEMA LIVESTREAMS
        • RUBBER NEWS EVENTS
      • DIRECTORY
      • CLASSIFIEDS
      • SHOP FLOOR
        • BALANCING
        • DEMOUNTING
        • SAFETY
        • TIRE REPAIR
        • TPMS
        • TRAINING
        • VEHICLE LIFTING
        • WHEEL TORQUE
      • AWARDS
        • Best Places to Work
    • ADVERTISE
    • DIGITAL EDITION