Slaying the giant?

Among the numerous immigrants employed by Wal-Mart there were many Polish nationals. After many years of having their workers' rights violated by the biggest retail company in the United States, now they have a chance for compensation.

”I worked with my husband in Wal-Mart for six years. In October, we were caught in the raid at New Amsterdam. After all those years of work, all we got was a deportation order,” Teresa S. told Super Express.

They were not alone

Ryszard and Teresa came to the United States 12 years ago from Lublin, in eastern Poland. For the past few years they worked at Wal-Mart as night cleaners, mostly in upstate New York.

”It was not an easy job. We worked seven days a week without any medical insurance and without getting paid overtime,” said Ryszard. “There were other people who also worked under similar conditions. We knew at least 10 Polish nationals who worked in the same store as we did. Usually they were elderly people, who came here to visit their children and wanted to make some money,” said Teresa.

Attorney Jamen Linsey, who heads up the lawsuit against Wal-Mart, is fighting for compensation for the workers whose rights were breached and who were abused by contractors.

“Wal-Mart knew they had no insurance and no paid overtime. The workers need to be compensated. Their working conditions resembled slavery. Very often they got nothing for the first month of work. Free labor was a kind of a ransom for getting the job,” explained Linsey. “They had no money so even if they wanted to leave, it was difficult for them to do so.”

Come out

”We feel bitter and cheated. After 12 years of working in America we have nobody here who is on our side. Our lawyer tried to remove our order of deportation, but he could not accomplish that. All he achieved was postponing the date,” said Teresa. “I don’t really count on any compensation. I'd like to be able to live and work here legally. Now I feel like everybody

wants to get rid of us.”

All those who worked for Wal-Mart in the past three years and whose rights were abused can join the class action. They can do it via internet (walmartamerika.com) – the webpage is also in Polish – or by contacting Jamen Linsey at 212-563-4100.

Big raid

Last October, immigration authorities conducted a big raid on 61 Wal-Mart stores in 21 states. More that 300 people who worked illegally were arrested. Offices were searched, including the head quarters in Arkansas. Wal-Mart was officially charged with violation of immigration law and hiring workers without employment authorization. Wal-Mart claims they didn’t know; their lawyers point out that the company hired cleaners through contractors and that they did not know their immigration status.

Contracting is a common practice in businesses like construction or cleaning of big stores

and offices.

Saving up on wages

According to the prosecution, “Wal-Mart was fully aware of the situation and acted in collusion with contractors to break U.S. law. They knew it and did it to save money on wages paid to the workers. Wal-Mart management knew that contractors hired illegal aliens and paid them less than American workers.”

Garrison Courtney, a spokesperson for Immigration and Customs Enforcement (I.C.E.), said it is the employer's duty to check the status of the workers. A list of the appropriate documents appears on the reverse side of immigration form I-9. Every employee has to fill out this form and an employer is obliged to keep it on file.