Asger-Ali v. Hilton Hotels

No. 0114451/2002 (N.Y. Sup. Ct. New York County filed Nov. 4, 2004) ; Clearinghouse Number: 55814

Description

Employee’s Alien Status Is Irrelevant in Context of New York Lost-Earnings Case

Abstract

The court determined that plaintiff employee’s alien status was irrelevant in the case and refused to compel disclosure of employee’s immigration status and documentation establishing employee’s eligibility for employment in the United States. Employee was injured while working for third-party defendant in defendant and third-party plaintiff hotel’s basement. Plaintiff sued for $35,000 in lost earnings. Hotel sought disclosure of employee’s immigration status under the Immigration Reform and Control Act and documentation of his employment eligibility. The court noted that Hoffman Plastic Compounds v. National Labor Relations Board, 535 U.S. 137 (2002) (Clearinghouse No. 54,508), did not prevent an undocumented alien from claiming lost earnings in New York. The court adopted the reasoning in Klapa v. O & Y Liberty Plaza Co., 645 N.Y.S. 2d 281 (N.Y. Sup. Ct. 1996), which found that undocumented alien status, absent other indicia establishing likelihood of deportation, would not aid a jury in determining lost future earnings. Finding no indication that employee had used fraudulent documents to obtain employment and that hotel had not established initiation of a deportation proceeding or that employee’s alien status was relevant for any other reason, the court denied hotel’s motion to compel disclosure. Moreover, noting that employee had paid federal and state income taxes and social security, and submitted tax returns, the court construed hotel’s interest in employee’s alien status as an attempt to deny him access to the courts through intimidation, which the court found “intolerable.”

Additional Information

Attorney Information
Docket Date
2004-11-04 00:00:00+00:00

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