What the court has said. and T believe If we look to the case in the 9th circuit. I think it was the Filbro case. and I will try to get the specific citation in a second. What the 9th circuit said was that in fact the Supreme Court in the SureTan case cited by the gentleman from California. the Supreme Court did not say that you should not award any type of backpay to someone who is undocumented. But what you should do is make sure it is based on the status of the employee had it not been for the unlawful conduct of the employer. So had that employee been working but for the unlawful firing by the employer. then in that case if would be under the NLRA entitled to back pay as that particular employee.
Keywords matched
undocumented