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Replying to Thread: VR Voucher for undocumented workers
Created On Tuesday 25, March, 2008 5:37 PM by valencia


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valencia
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Tuesday March 25, 2008 5:37 PM

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Is anyone aware of any cases addessing entitlement to a VR Voucher for undocumented workers? What are your thoughts about entitlement? Any reason not to assume application of the same reasoning behind entitlement under the old system to all services except for job placement? Thanks in advance for any comments.

Dean Tompkins
Valencia Wilberding & Tompkins

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gaiassoul1@yahoo.com
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Tuesday March 25, 2008 11:09 PM

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Since the VR voucher does not pay for job placement that would be immaterial.

There has been no caselaw, would be interesting to see the legislative intent on this issue

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jakelast@aol.com
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Tuesday March 25, 2008 11:21 PM

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The intersting question in this type of case is whether the employer has to make an offer of employment knowing that if the employee accepts, the employer is not able to accept the individual as an employee.

One of the maxims of law is that "the law does not require idle acts". Is making an offer of employment to an unemployable unlawful alien an idle act? Seems like an argument could be made.

Jake Jacobsmeyer
Shaw, Jacobsmeyer, Crain, Claffey & Nix

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stewshe@comcast.net
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Wednesday March 26, 2008 5:38 AM

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Jake,

Agreed.

One solution might be to make the offer, contingent upon the worker providing proper documentation. From the fact the documentation may have been, let's say "shakey" when the worker was hired, it does not follow the worker now lacks proper documentation.

I say "shakey" because of course no employer would admit to hiring an undocumented worker...right? The paperwork just got lost before, right?

Now, of course, after an injury on the job, the employer feels free to examine documentation in exquisite detail and sees nothing wrong with doing so....right?

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Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
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Stubaron
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Wednesday March 26, 2008 9:31 AM

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Read the old Del Taco case...

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valencia
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Wednesday March 26, 2008 9:52 AM

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The Voucher can be used, up to 10%, on "vocational or return to work counseling" (Reg. ᄃ10133.52). I have never seen it happen though.

Dean Tompkins
Valencia Wilberding & Tompkins

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