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175 Santa Rosa workers lose jobs in immigration audit
New employees staff the packaging lines at NeilMed Pharmaceuticals in Santa Rosa on Friday after 175 workers were released last week when it was discovered they didn't have proper documentation.
JOHN BURGESS/The Press DemocratPublished: Friday, February 20, 2009 at 6:04 p.m.
Last Modified: Friday, February 20, 2009 at 6:09 p.m.
About 175 Latino workers at NeilMed Pharmaceuticals Inc. in Santa Rosa are without jobs following a probe last week into their legal status by the U.S. Immigration and Customs Enforcement agency.
Most of the workers resigned voluntarily after they were told they didn’t have proper documents to work in the United States, a company spokeswoman said.
But a spokesman for the workers said NeilMed forced them to resign or have their cases turned over to federal authorities.
Last week’s action purged 70 percent of the 250-employee workforce at NeilMed, a fast-growing company that makes nasal rinse products for sinus sufferers.
The company was founded in 2000 by Ketan Mehta, an Indian immigrant and physician who practices pulmonary medicine in Santa Rosa. Its sales exploded in 2007 after one of its products was mentioned on Oprah Winfrey’s popular TV show.
Most of the employees worked in NeilMed’s warehouse, packing and shipping departments near the Charles M. Schulz-Sonoma County Airport.
Immigration and Customs Enforcement agents showed up Feb. 10 at NeilMed to examine employee records, said said Josie Gonzalez, a Los Angeles attorney representing the Santa Rosa company.
ICE routinely audits companies to ensure workers have a legal right to work in the United States, said Lori Haley, an agency spokeswoman. She would not confirm the Feb. 10 inspection, saying
Under the Bush administration, ICE stepped up enforcement of immigration laws in the workplace. Last June, 283 Latino workers at a flower farm in Arcata were terminated in the wake of an ICE investigation.
On Monday, about 50 Latino workers at a Barnes & Noble book distribution center in Reno were fired after a reported ICE audit.
On Thursday, about 100 of the former NeilMed workers met with an attorney and immigrant rights activist at a Santa Rosa park to talk about their situation.
Rudy Balderama, a Los Angeles attorney representing an immigrant rights group, said he’s investigating whether any of their rights were violated.
“All the workers affected are Latinos,” he said. “They were forced to sign these resignation papers.”
The company may have violated California’s notice, wage and hour laws, Balderama said.
NeilMed didn’t break any employment laws, Gonzalez said.
“Nobody was forced to resign,” she said. “It’s tragic that these people lost their jobs, but they didn’t have a right to work here.”
ICE agents showed up at the company last week, around the same time NeilMed hired Gonzalez to examine its employee records, she said. ICE “wanted to look at the documents,” she said.
Her own review of workers’ Social Security numbers, work permits and other forms of identification found numerous problems, she said.
“I determined many of the numbers people were using were fraudulent,” Gonzalez said.
Workers were told about the ICE investigation and informed they couldn’t continue working at NeilMed without proper documentation, Gonzalez said.
They were offered the chance to keep their jobs by providing proper legal documents, she said. Those who voluntarily resigned received $200 to $500 in severance, Gonzalez said.
NeilMed’s owners, Dr. Ketan Mehta and his wife, Nina, felt sorry for the employees, Gonzalez said.
“They know it’s a hardship,” Gonzalez said. “They didn’t feel good about this.”
NeilMed has installed a new computerized screening system to ensure job applicants have the right to work in the country, and she doesn’t expect ICE to take any action against the company, Gonzalez said.
ICE has taken no action against NeilMed, Haley said.
“We have not taken any enforcement action or made any arrests at that company,” she said.
NeilMed already has hired 100 new workers and there was little effect on production, Gonzalez said. There were more than 500 applicants for the openings, including job seekers recently laid off from winery, warehouse and food processing jobs, she said.
The jobs pay $8.50 to $13 an hour to start, she said.
Balderama said the ex-NeilMed workers have a different version of the events that led to their departures. The company warned that their documents would be turned over to ICE if they didn’t resign, he said.
“That’s meant to engender fear,” Balderama said. “They were forced to sign these papers under duress.”
The group he represents, Orange County-based Hermandad General de Trabajadores, is considering legal action, he said.
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