On June 22, 2010, the First District Court of Appeal held that an employee can refuse to answer questions about their immigration status.
In Fernandez v. Blue Sky/ Venecia Food Corp., the employee, who was seeking temporary total disability, temporary partial disability, and medical benefits for injuries allegedly stemming from a March 7, 2008, industrial accident, refused to answer questions during her deposition regarding her immigration status.
The Judge of Compensation Claims dismissed with prejudice all petitions and claims for benefits following the refusal to answer certain questions during her deposition related to her immigration status by invoking the Fifth Amendment privilege against self-incrimination.
The First District Court of Appeal concluded that the Judge abused his discretion in dismissing with prejudice all petitions and claims for benefits and reverse. The Court held that the employer had failed to demonstrate meaningful prejudice resulting from Claimant’s refusal to answer. Therefore, the Court reversed the Judge of Compensation Claims’ decision.
The laws seem to sometimes protect the guilty more than the innocent. In this case my opinion is that the only reason she could possibly have to refuse answering immigration status questions is that she was not a legal immigrant. In which case, why is she working in US let alone collecting tax dollars so she can stay home?
This should NOT be allowed. The laws need to be changed.