Are employers of illegal workers liable for crimes that the workers commit?

[Toll_Collector]

@Excast

Of course not. Is your employer liable for your actions outside of work hours? If you choose to go throw back a few beers at a bar after work, get plastered, and cause a crash that kills some people, how is your employer responsible for that?

Now, they are definitely responsible for whatever crimes or penalties come with employing someone who should not be legally working here, but that is as far as it goes.

You can’t compare it to a legal citizen. Rivera wouldn’t have been there had he not been employed illegally. I’m not sure how the law works but I think you’re probably right. I’m solely contesting your example. But in a scenario where they would be held responsible, the would probably have to prove they knowingly hired an illegal.

[madasheck]

@Bill.in.PA

The intent of the law against employment of people here illegally was to reduce the incentive to come here.

Employers get the benefit of cheaper labor by employing people illegally. It makes sense that they should face civil liability for their actions.

For employing, yes. For the acts their employees commit, no. That’s not true otherwise. There should be no difference.

[WuWei]

@Toll_Collector

Rivera wouldn’t have been there had he not been employed illegally.

Sure he would have.

[swriddle]

You can’t counting anything out with the criminal justice system in this country right now.

[LouC]

@swriddle

You can’t counting anything out with the criminal justice system in this country right now.

Could you ever?

If so on what dates?

[swriddle]

I agree, who knows how long he’s been in the US and how much real estate he’s covered.

[swriddle]

Great point.

[Hellsbane]

Law should be changed to allow civil suits against the fed for negligence.

[AlwaysRight]

IMO, if a co pant knowingly hires an illegal and that illegal commits a crime then, yes, the employer is illegal. That includes anyone who hired him, supervise do him, and worked along side him and knew he was illegal and failed to report.

[Bill.in.PA]

Federal law says it is illegal to hire an “unauthorized alien”:

It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien . . .

8 U.S. Code § 1324a - Unlawful employment of aliens

The question is whether the employer is also liable for civil penalties for crimes that an illegal worker commits.

[AlwaysRight]

Off the top of my head I can’t think of a case but if her her family sued the company in civil court they may well win. I just read an article stating the company did not everify the used used a social security check only. The social was stolen.

[AlwaysRight]

Can’t edit post… it’s reminiscent (somewhat) of when OJ was found innocent in criminal court but guilty in civil and hit with a 70 million judgement.

[Bill.in.PA]

Yes. An important difference is that the criminal penalties for employment violations are only a $3000 fine. There is also provision for a maximum of 6 months in prison, but I doubt it is ever used.

On the other hand, civil penalties for wrongful death could amount to millions dollars. The potential civil damages could have a huge effect on employment practices if they are enforced.

[AlwaysRight]

Exactly and I believe this is long past due.