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Employee right to recover for employer's scheme to employ illegal immigrants ― presence of collective agreement HEADNOTES Facts A federal Grand Jury issued a criminal indictment against Tyson Food, Inc., a major processor of poultry products, charging that it conspired with others to bring into the country and employ in its plants aliens who were not legally authorized to work in the U.S. and to use and accept documents that falsely rep- resentcd their immigration status. Shortly after the indictment was issued, four Tyson employees, on behalf of themselves and other employees, brought a civil suit seeking to recover treble damages and injunctive relief under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) for the injuries allegedly caused to Tyson employees as a result of the company's purported conspiracy to employ illegal aliens. The federal trial court granted Tyson's mo- tion to dismiss the civil suit on the grounds that the connection between the al- leged misconduct and the wages of these employees was too tenuous and any injury to the employees was too speculative for judicial relief. The trial court did not resolve Tyson's additional assertion that any civil wrong to the employ- ees could be
International Labour Law Reports Online – Brill
Published: Jan 1, 2003
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