6th Circuit amends damages award in fired undocumented worker case

An employer can’t be held liable for back pay for a state law retaliation claim during a period when the former employee lacked lawful immigration status to work in the United States, the U.S. 6th Circuit Court of Appeals (which covers Tennessee employers) recently ruled. The appellate court affirmed, however, the employer could be found liable for subsequent damages arising after the former employee gained lawful employment authorization.

Facts

Ricardo Torres began working for Precision Industries in January 2011. He was fired in September 2012 after filing a workers’ compensation claim. During his stint with the company, he wasn’t legally authorized to work in the United States but did obtain work authorization five months after being fired.

Torres sued claiming Precision violated Tennessee law by firing him in retaliation for his workers’ comp claim. Although federal law makes it illegal to employ undocumented workers, the state’s workers’ comp law protects employees from retaliation.

Initially, the district court held a bench trial and granted Precision’s request for judgment on partial findings, saying Torres wasn’t entitled to recover back-pay or noneconomic damages because of his lack of work authorization. Essentially, the court held the Immigration Reform and Control Act of 1986 (IRCA) precluded his state law retaliation claim.

6th Circuit’s decisions