Immigration activist company forced to layoff 1,600 illegal employees
Thursday, September 03, 2009
By Carl Braun
Examiner.com
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American Apparel is under fire for hiring illegal workers
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A Los Angeles based clothing company that once proudly proclaimed it was a haven for illegal alien workers has now been forced to layoff more than 1,600 of them or face stiffer penalties from the Federal Government.American Apparel, known locally and nationally for it's Legalize LA and Legalize the USA campaigns and what some would call racy or suggestive advertising, has approximately 1,800 employees with questionable documentation and some using fake or stolen social security numbers. The company has said it will give preferential status to any discharged employee that can prove they are authorized to work in the US. They also stated that the number of those laid off represents a small percentage of it's overall employee base (10,000).
A government audit of American Apparels employment records about two months ago revealed the discrepancies.
"There are approximately 1,500 workers facing termination during the month of September," said Peter Schey, a lawyer for American Apparel. The company "is very disappointed and disheartened at having to terminate a very large number of workers who by and large have been reliable contributors to the success of the company."
The company was famous for its May Day celebrations and its support of immigration reform. During the May 2006 "Day Without a Latino" rallies, they hung large Legalize LA banners from their building downtown and allowed employees to take off work and attend the events in and around MacArthur Park which eventually turned violent. FOX 11 Newsreporter Christina Gonzalez and her photojournalist were injured by police trying to breakup the disturbances.
When questioned regarding the legal actions against the company, Immigration and Customs Enforcement spokesperson Virginia Kice would not comment specifically on the American Apparel case saying the agency was:
"Not at liberty to discuss fines levied in work site enforcement cases until the fine amount becomes final. There's no direct order from ICE to terminate an employee," she said. "But if a company continues to employ individuals who are not authorized to work, they understand there may be potential legal consequences."
The status of the workers themselves with regard to enforcement action is uncertain at this time.
"The focus is on the employer . . . on ensuring that businesses employ a legal workforce," Kice said. "Then again, if someone is in this country in violation of immigration laws, they are subject to enforcement action." she added.
In a letter to employees CEO Dov Charney said "Many of you have been with me for so many years, and I just cry when I think that so many people will be leaving the company," he wrote. "It is my belief that immigrants bring prosperity to any economy."
Few would argue the point though with unemployment levels at near record highs these terminations perhaps provide an opportunity for legal immigrants and US citizens to find gainful employment with the company.
The outspoken Charney went on to say in the letter: "I am deeply disappointed that the Obama administration has failed to bring about immigration reform. Whereas I know he has the intention to do so, getting the job done is another story. Let's not forget that George Bush wanted to bring about immigration reform, but could not get it done. Ironically, the rallying cry of the Obama campaign was the words of Cesar Chavez, "Yes we can" or "Si se puede", which inspired so many people, particularly Latinos in the recent election."
American Apparel has had issues of late besides hiring illegal workers. They were sued by actor Woody Allen for unauthorized use of his image in an advertising campaign and were forced to remove potentially offensive advertisements in Britain. Their provocative ads in the United States have also generated some controversy.
Carl Braun is an analyst for the Homeland Security Policy Institute Group and he's logged 5,000-plus hours on the border. He has written several books including his most recent on Border Insecurity, “Above All Else”
. Contact Carl at Carl.Braun@BPAUX.org.
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