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Meg Whitman's Housekeeper: Undocumented

9/29/2010 3:30 PM PDT BY TMZ STAFF

Meg Whitman's former housekeeper was an undocumented worker and claims working for the Republican candidate for Governor was a "nightmare."

092810_gloria_presser_video
Nicky Diaz Santillan, Whitman's housekeeper of 9 years, held a news conference with her lawyer, Gloria Allred, and claims Whitman had all the clues she was an undocumented worker but closed her eyes to it because she was cheap help ... $23 an hour.

Allred claims the housekeeper was "exploited, disrespected, humiliated and emotionally and financially abused" by Whitman.

Allred claims when the housekeeper was hired 9 years ago through an agency, Whitman never asked if she was in the U.S. legally.  And, during her employment, Santillan told Whitman she couldn't travel to Mexico.  And, Allred said, Whitman found out Santillan's Social Security number didn't match her name, but Whitman did nothing.  Allred said it's the classic case of "don't ask, don't tell."

0929_whitman_debate_videoThat all changed, Allred says, when Whitman launched her campaign for Governor, realizing having an illegal alien on board was a liability ... and fired her.

Santillan says Whitman treated her "like a piece of garbage" by letting her go.

Allred says Santillan is filing a claim with the Labor Commission for back wages and mileage.

Yesterday, Whitman said in the debate with Jerry Brown that employers should be held accountable for hiring undocumented workers.

Click here to read Gloria's written statement.

 

509 COMMENTS

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421.

Beth    

I think this is a joke and setup. First of all $23.00 an hour is getting someone cheap? HA! And also if it was such a mightmare to work for Meg Whitman, why was she with her for 9 years, and was discharged over a year ago on Meg's terms. She would still be working for her if it wasnt for Meg finding out she's a liar and scam. And dont get me started on Gloria Allred. She is such a fake, and this whole setup is fake.

1432 days ago
422.

Ref    

The Feds need to get involved and prosecute Santillan for IDENTITY THEFT!!! Even though the venue is in the state of California, the fact that JERRY BROWN is the state's Attorney General would be a major conflict of interest since he will gain from any publicity against his political opponent Meg Whitman. Also a convenient tidbit for Allred's legal strategy. Santillan was RIGHTFULLY terminated for LYING on her employment forms. Whether it was 7 years ago or yesterday shouldn't matter. Leaving breadcrumb clues about her immigration status for her employer to find doesn't JUSTIFY Santillan's actions of gaining employment with false credentials and EXPECTING her employer to keep employing her. Allred has most likely promised Santillan favorable treatment under AG Jerry Brown (CONFLICT!) and a good word with ICE. Santillan is NOT A VICTIM, but a willing pawn in a bigger game.

1432 days ago
423.

Susie    

Another thing to question, isn't there a statute of limitation? I heard that after 12 months of being terminated, you cannot sue your former employer. Not sure if that is true. If it is, this is way too late.

1432 days ago
424.

Ralph    

OK, so my union is endorsing Brown and of course wants all union members to vote Brown but after this Allred fiasco I'll find it quite easy to vote for Meg Whitman instead....at least she created a job in hiring the woman...and a great wage too!!!
Go Whitman and after your election we'll be waiting for those jobs. Already had Brown years ago and know he'll suck even more than last time and would totally spend us into oblivion.

1432 days ago
425.

gdg    

This is unbelievable. Allred should be put on the bus to Mexico
with that over-actor Nikkie or whatever her name is.

1432 days ago
426.

Teresa    

Poor poor illegal bitch. I wish I made $23 hr for cleaning. I was born and raised her, I am unemployed, and one payment away from being homeless. I say she should be prosecuted and her whole family deport. At $23 hr x 40=920.00 wkly, 3680.00 monthly, 44,160... yearly over a 9 year period this illegal earned 397,440. This fradulent worker made more money when she was working than I have earned since I started working over 20 years ago, and I am an American citizen. So deport her and her family and make it impossible for her to take anything she has acquired while here illegally. I think if ICE gets enough calls regarding this maybe they will do something.
Laws state that transporting illegals is a felony, will Allred be prosecuted?

1432 days ago
427.

Sonya    

You people can't be that stupid. Yeah, it's reported that she recieves $23.oo an hour but NONE of you know how many hours a day or week she worked and I wonder how many of you have ever done a job for a boss while wait for it...wait for it...OFF THE CLOCK. She should go back to mexico? Jealous much you broke, raciest (and I'm SURE) European you.

1432 days ago
428.

Tino    

Everything was okay until I found out 2 things:

1. Gloria Allred is part of this political smear.

2. This illegal mexican was earning $23/hour using stolen do***ents.


Therefore, I won't vote for Jerry Brown. Definitely, I can't stand and support these jokers. I thought Brown was a decent and serious guy.

1432 days ago
429.

montanahank    

This is such crap the poor crying abused mexican. BS!! She should be charged. Any jury who gives this mess a dime should be sent packing with her back to Mexico. Oh and Gloria do you have any clients that can actually pay their bill? For an attorney you are just a sad loser.

1432 days ago
430.

Dennee    

Let me get this straight. An illegal alien, who has an illegal social security number, files I-9, W4 and other forms perjuriously, and hides the facts from her employer for 9 years, is to be believed?
Whoever wrote the note to her was asking her to straighten the Social Security number out, not to hide it. Instead of coming clean, she kept the letter to herself for 6 years. What kind of person would keep that letter? One kind is a person who planned to use it in the future.
After 15 months of sitting on the information, she comes clean a month before the election? Give me a break. Allred tried this on Arnold, and was laughed out of court.
The chief law enforcement officer in California should file several felony charges against Ms. Diaz. I forgot. Jerry Brown is the Attorney General. Don't bite the hand that feeds you.

1432 days ago
431.

Paula    

Oh my gosh! She's working for $20+ an hour and claims to be abused? Give me a break. I am unemployed, I've been looking for work paying $10-15 and hour for six months, and can't get a job in that range. Puh-leeze. Abuse me, please, by paying me $20 an hour to schlep kids around. I do that for free right now. I also wonder how many of this woman's 8 siblings in the Bay Area (per her employment application) are also illegals? With false do***ents?

1432 days ago
432.

Michelle    

This makes me so nuts. Why are people not seeing the obvious? 1st-the Whitmans said they didn't see a letter stating she was illegal-TRUE. What they saw, whether they remembered or not, was a "no-match" letter regarding matching SS#. The do***ents specifically says you cannot assume anything about status, and it is illegal to presume or act on that.

GO TO nilc.org or the ssa.gov sites to see what the law says. If you google "no-match letter 10 tips", you will find the nilc.org site. It is VERY CLEAR there that everything the Whitmans said/did was proper. It is ILLEGAL for them to question status, even with this letter.

AND MOST IMPORTANTLY: WHY ARE PEOPLE ACTING LIKE SHE SHOULD KNOW! Wheter or not she has a feeling or not, IT IS ILLEGAL TO ASK AN EMPLOYEE THEIR STATUS IF THEY PROVIDE THE INFO SHE DID!! If she had a close relationship with the Whitmans and presented herself as a do***ented citizen, how "racist" really, would it be for the Whitmans to NOT believe her. WHY COULDN'T she have been exactly what she said, and law says that the no-match letter has nothing to do with status, and strictly to confirm there were no mistakes so benefits can be given properly.

I've heard people comment, "Meg should've known". Well - isn't that RACIST and PROFILING to assume that since she is Mexican and a housekeeper she is undo***ented? (especially after she presented facts that she WAS here legally?) I think by Meg not asking, she was following the law, not being racist, stereotyping, or being judgmental, (and anyways, as employer -she could have faced consequences if she did-Don't trust me, LOOK IT UP YOURSELF!)

Liberals are totally inconsistant here and it makes me nuts. You can't blame her for NOT profiling and then tell others (read insensitive conservatives) that profiling is wrong. The law is on her side (except for following up with responding to the letter, they did everything right-they were supposed to have her address it!) Maybe laws should be changed, maybe not, but you can't hold the Whitmans responsible when they just obeyed the law. (Plus-if they did anything wrong, it would've been to not follow-up/respond formally to the letter. BUT EVEN THE SITE SAYS that even if the letter requests you respond within 60 days, there is no one enforcing any time limit or response-ie, there is no consequence to just passing the info on to the employee to look into/correct!) CONSISTENCY! Look up the law re: the "No-match" letter yourself.

This is obviously a political smear, timed PERFECTLY-come on-she was dismissed in 2009! And Gloria Allred says Nicky was exploited, WHAT DO YOU THINK GLORIA ALLRED IS DOING TO HER! THERE is the REAL hypocracy!

1432 days ago
433.

Cathy    

Give me a break! This "undo***ented worker" was abused by making $23.00 and hour. This whole story reeks of dirty tricks. It's the "Oct. surprise" just a little early. I wonder how much the undo***ented worker is making for going forth with her story. My question, if she was fired in 2009 by Meg Whitman, why did it take her and Gloria Allred so long to hook up?

1432 days ago
434.

Frank Murillo    

I am a Hispanic man with a reasonable education and I have never made 23 dollars an hour.Thats abuse hah some people never make it past 12 to 15 dollars and hour there whole life.Nicky will fully raked the system and I have no sympathy for her. Many people loose there jobs after years of service, she is no exception. No one is irreplaceable move on and get on with your life. Your meal ticket is over.I am a Mexican American and am ashamed to have her be a member of my race makes us look stupid, ignorant and cheap.There are many Hispanics here legally and not abusing the system and want to make good lives in the US.

1432 days ago
435.

ML    

Wait, a lawyer is representing an illegal person? Shouldn't the lawyer be working to remove this person. I'm sure there are plenty of Americans who would work for $20/hour. Let's stop the madness and put our fellow citizens to work. No thanks to you, Mr.Obama

1432 days ago
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