So I'm in SoCal today, driving around to do some client visits. Needless to say, the Meg Whitman/illegal housekeeper story dominated the airwaves on local talk radio. I was "treated" to 45 minutes of Gloria Allred talking to two local guys about the whole affair.
Despite Allred saying it wasn't political, of course that is what this is all about. The one question I had that was never answered is a simple one: What should Meg have done?
The letter they received back in 2003 is pretty clear on this point:
This letter does not imply that you or your employee intentionally provided incorrect information about the employees name or SSN. It is not a basis, in and of itself, for you to take any adverse action against the employee, such as laying off, suspending, or firing, or discriminating against the individual. Any employer that uses the information in this letter to justify taking adverse action against an employee may violate state or federal law and be subject to legal consequences. Moreover, this letter makes no statement about your employee's immigration status.
So what should Whitman and her husband have done? If they fired her because they suspected she was illegal, they are in trouble from the Feds. We learned today (as ICE says they won't prosecute/investigate the self-admitted illegal housekeeper - they have bigger, more pressing issues to work on than identity thieves. Curious, because she confessed to her crimes, kinda seems like low-hanging fruit, and a slam dunk to me..) that even if Whitman had called ICE to report her, they probably wouldn't have done anything. The housekeeper came to them from an employment agency (clearly they have some culpability here as well?), and Whitman and her husband have photocopies of the housekeeper's drivers license and SS card (well, someone's SS card, anyway).
What more could they have done?
It wasn't until after she admitted to being in the Country illegally that they fired her.
Personally, I think they knew she was possibly illegal, but she had the paperwork to at least provide the appearance that things were in order. She also came from an employment agency, whom one would assume would also have the necessary documentation in order.
Here's the other thing that jumps out at me: When the first letter came, if they were truly worried they might be breaking the law, why write the note to the housekeeper at all? Wouldn't it have been easier to throw the letter away, fire her, and move on? Maybe contact the employment agency, and tell them they got a letter, and to please send a replacement that checks out?
The other thing no one really addressed today is the other victim. The person who had their SSN number stolen by the housekeeper. Who is looking out for that person's best interests? Who will represent that Citizen, and help them to unravel the mess this lawbreaking housekeeper has created?
So to my friends on the Left, with all the benefits of hindsight, what should Whitman have done when she got the letter back in 2003?
In closing, I do have to note that it's good to see that of all the issues California is dealing with, from being bankrupt, to having to issue IOU's, to having a porous border to the South, to high unemployment, to seeing housing values tank, to not having enough money for schools and infrastructure, that an "issues" such as this is dominating the shape of the election.
Because the action/inaction of a candidate on an issue that the very letter creating the issue says not to take any action based on the letter causing the issue in the first place, is clearly the most important issue facing Californians in this cycle.
I hope the "issue" does turn the election in Brown's direction. The voters of California deserve the outcome if this "issue" is the deciding reason voters pull the lever for Brown instead of Whitman.
+++UPDATE+++
Professor Jacobson makes an interesting point over on his blog:
Allred may be right that the employer (in this case Whitman and her husband) should not have left it up to the housekeeper to clear up the problem, and should have been more suspicious. Had Whitman or her husband followed up, the housekeeper would have been fired several years ago.
Call Allred a strict constructionist when it comes to the immigration laws, just like the people who are excoriated by the left as racists for seeking enforcement of federal immigration laws.
The message Allred is sending is that if you are going to hire an immigrant, not only must you dot every federal immigration law "i" and cross every federal immigration law "t", you also must not trust the immigrant if a problem arises. At least not if you want to run for public office.
So why isn't the left excoriating Allred? Why isn't Allred being called the most vile names usually reserved for Tea Party supporters or Republicans?
I wonder how much harm Allred is doing away from the bright lights of the stage. How many people in California are reviewing the documents of the people they employ, and making difficult decisions? How many illegals that Allred claims to be the voice of will disappear intop the shadows?
Unintended consequences, people.
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