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Greg Siskind on Immigration Law and Policy

WHITMAN NANNY I-9 SHOWS VIOLATIONS

Rating: 3 votes, 5.00 average.

TMZ has posted the Whitman nanny's job application and the employee's I-9. It's not clear whether Whitman or the agency handled the I-9 and that's because the form itself is not signed and dated by the employer or its agent as required by law. The form also doesn't have a social security number under the List C documentation, another violation. Because the form is not signed or dated by the employer, it is far from clear that the employer even examined the documents presented. Keep in mind that Abercrombie & Fitch got a $1 million fine this week for violations of just this sort.


Incidentally, even if Whitman's nanny agency handled the I-9, that doesn't let her off the hook for violations in completing the form. The nanny agency was not the employer - just the agent and so Whitman and her husband are still liable for employer violations. There appear to be paperwork violations. There could also be liability for "knowingly" employing someone illegally if the facts show that despite the presentation of a bogus social security card, the employer had independent knowledge or "constructive" knowledge that a worker was out of status. Certainly the fact that the I-9 was never signed by the employer means that the defense of saying that you looked at the documents presented and they appeared valid is not going to be readily available.


 















Whitman I-9

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Comments

  1. USC's Avatar
    Sweet! Now, let's bring Whitman to justice!
  2. My 2 cents's Avatar
    C'mon let's see some Nancy Grace style swift justice here. Whitman has no chance better to withdraw & work on this case as she has lost her credibility.
  3. F's Avatar
    "C'mon let's see some Nancy Grace style swift justice here"

    Do you really want to watch an argument between Nancy Grace and Gloria Allred .
  4. George Chell's Avatar
    Dig deeper, may be we will even bring Jan Brewer, Rick Scott or Tom Tancredo to justice!
  5. My 2 cents's Avatar
    "Dig deeper, may be we will even bring Jan Brewer, Rick Scott or Tom Tancredo to justice!"

    Include Jeff Sessions & DeMint as well.
  6. Terry Paul Brown's Avatar
    "Twenty-three dollars and hour for fifteen hours a week": $23 x 15 hours = $345; $345 / 40 hours = $8.63 per hour. $8.63/hour seems more like it, doesn't it?

    tbrown
  7. ITDog09's Avatar
    I used to be a private duty nurse caring for dementia and Alzheimer's patients, not very technical stuff -- feeding, bathing, lite exercise. I've had spouses greet me at the door and ask for my social security card, license, and proof of liability insurance. I have filled out 1099 forms and those I'm a citizen forms before reaching the living room in some cases.

    It's impossible to believe that Meg and her husband were ignorant of the maid's status. I must say it's also unimaginable to me that they would let this woman into their home without a complete background check. This goes beyond poor judgment when you consider the maid also acted as a nanny. Wow.
  8. My 2 cents's Avatar
    "Do you really want to watch an argument between Nancy Grace and Gloria Allred "

    You missed the whole point, read my statement again.
  9. Cheyenne's Avatar
    Seriously, you're an Immigration attorney and you have nothing at all to say about the fact that Nicky Diaz obtained and used a fraudulent social security card (obviously forged) to gain illegal employment, obtained and used a fraudulent CA drivers license, entered a fraudulent social security number on numerous government forms, along with a fraudulent Permanent Resident Alien registration number on the I9 form (which she signed under penalty of prison and/or fine), perjured herself on a number of official documents, used false documents to be employed and lied about her legal status on official government documents and forms for at least 9 years?
    Please!

    - Using false documents to be employed: A maximum penalty of 10 years without parole in federal prison and a fine up to $250,000.
    - Making a false statement on an I-9: A maximum penalty of 5 years in federal prison without parole and a fine up to $250,000.
    - Misusing a Social Security number: A maximum penalty of 5 years in federal prison without parole and a fine up to $250,000.
    - Making a false claim of resident alien status: A maximum penalty of 5 years in federal prison without parole and a fine up to $250,000.
    - Using false documents with intent to defraud the United States: A maximum penalty of 15 years in federal prison without parole and a fine up to $250,000.
    - Possession of false United States documents: A maximum penalty of 15 years in federal prison without parole and a fine up to $250,000.

    What about the other employers she worked for part time over the same period she worked for Whitman?
    There are at least 3 listed on the documents released by the employment agency, with names, addresses, amount of pay, hours and days of work, and comment, by Nicky that she "continues" to work for these employees part time. She was looking for an addition part time job. She did not work only for Whitman, she worked for other employers simultaneously.

    Where are those employers? Did they also fail to submit the I9s on Nicky? Or was she working for cash and not paying taxes on the other employers?

    As an Immigration attorney, you know full well that Nicandra Diaz committed a number of serious crimes, some of which are felonies, all of which are deportable offenses, on top of the fact that she entered the USA illegally or illegally overstayed a visa, in violation of the law, and remained present in violation of law, which in itself is a deportable offense.

    This is the problem with so many immigration attorneys, you think illegal aliens can violate any and every law 24-7 and they are innocent of all crimes in your eyes because they are
    "poor immigrants".
    Well that doesn't cut it.

    The illegal alien lied, used false documents and you blame the employer. This country doesn't need any more immigration attorneys, what we need is more ICE agents and deportations.
  10. Jim's Avatar
    @Cheyenne

    You are missing the point completely. The point is her being a hypocrite. She was criticizing businesses for hiring illegals and yet she is doing it herself.
  11. Legal and no longer waiting's Avatar
    "obtained and used a fraudulent CA drivers license"

    There is no evidence she used a fraudulent CA drivers license. She entered in 1990 when CA did not require one to have status to get a driver's license, and thus I am pretty sure hers was real. Regarding her SS card, I am also surprised she did not get a real card before SSA started to ask documents. She should have, probably just missed the boat. So she used a fake number, and paid taxes without ever getting any benefit from it. As a US citizen, you should be happy for $1 billion that illegal immigrants pay every year into SS on non-existed numbers. Lay off the high horse.
  12. USC's Avatar
    "Or was she working for cash and not paying taxes on the other employers?"

    That would be a violation on the part of the employer. They are supposed to file a 941 and then issue her a W2, failure to do so would be a criminal violation.

    I will cut you some lattitude given that your candidate has been caught with her pants down, when Governor Brown re-takes the Governor's mansion, he will rid California of the antis and other similar low lifes!
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