Gonzalez v. Performance Painting, Inc.

Jesus Gonzalez is an undocumented immigrant, coming to this country from Mexico for the first time in 2003 and again in 2005. In early February of 2006, he was hired by Performance Painting, Inc. as a painter's helper. By all accounts, Gonzalez was a good employee and worked without incident until August 31, 2006. On that day, he fell off a ladder, injuring his shoulder. As a result of the injury, Gonzalez was temporarily totally disabled and unable to work. The injury required multiple surgeries and months of physical therapy. While all workers are encouraged to return to work when medically feasible, federal law may preclude some employers from extending rehire offers to undocumented workers once they learn of their status. Because an offer to rehire must be a legitimate offer, the Supreme Court held that employers who cannot demonstrate such good faith compliance with federal law in the hiring process cannot use their workers' undocumented status as a defense to continue payment of modifier benefits under the Workers' Compensation Act. View "Gonzalez v. Performance Painting, Inc." on Justia Law