Meg Whitman knowingly employed illegal immigrant as maid, Gloria Allred charges

A former housekeeper for Meg Whitman claims the Republican governor candidate knew she was an illegal immigrant but continued to employ her, according to her attorney Gloria Allred.

Allred said Whitman caused the worker to  "feel exploited, disrespected, humiliated, and emotionally and financially abused." The worker alleges Whitman knew she was here illegally but did not act on it until she decided to run for governor last year.

Whitman attorney Tom Hiltachk told reporters Wednesday:  "This person was initially hired by Meg Whitman in November 2000. She filled out standard [Internal Revenue Service] forms and Department of Justice forms and presented her Social Security card and California driver's license. She filled out immigration forms that stated under penalty of perjury that she was a lawful resident."

Read full coverage on the Whitman immigration story throughout the day at PolitiCal, The Times' California politics blog.

Photo: Nicky Diaz Santillan, a former housekeeper for Meg Whitman, breakdown during a press conference at attorney Gloria Allred's office Wednesday. Credit: Irfan Khan / Los Angeles Times

 

Comments

[mark]

Regardless of our inclinations to believe one side or the other in this story, what do we know so far?

1. Diaz admits that she is in the country illegally and that the papers she used to gain employment are forgeries. Both Whitman and the employment agency used these forgeries as the basis for hiring Diaz. These papers have been presented to the public for examination.

2. Whitman hired Diaz through an employment agency; she did not hire her directly. I have not seen any statement indicating if Whitman paid Diaz directly or if she paid the agency for Diaz’s services. If Whitman paid Diaz directly, then Whitman would responsible for filing 1099’s, but if Whitman paid the agency for Diaz’s services, then Whitman is not responsible and would have no reasonable way of knowing if Diaz’s SSN was fraudulent.

3. Allred claims to have proof that Whitman knew for years that Diaz had forged her documents. Unlike Whitman, however, Allred has not provided those documents for public analysis. Furthermore, Allred claims that Diaz found the documents in Whitman’s trash. If the documents were found outside in the trash, then I think they could be considered evidence since they were outside the house, but if Diaz removed the documents from a wastebasket in Whitman’s home, then I think Diaz may be admitting to more unlawful behavior.

4. Diaz claims to have been underpaid for services. Diaz was an at-will employee and was free to seek employment elsewhere if she felt she was underpaid for her work. She did not seek employment elsewhere and, unless she has a contract that indicates that Whitman made her perform duties outside the scope of her contract, is ineligible to claim additional compensation.

5. Both Whitman and Diaz say Diaz was fired as soon as she admitted to being in the US illegally. This seems to reinforce Whitman’s claim of not knowing Diaz’s illegal status.

Given what we know so far, it seems like this story is nothing more than a desperate smear campaign by the Democrats and an opportunistic lawyer.

[Ruby Jackson]

She made $23 per hour for scrubbing toilets and driving kids around? Why did I go to college then?

That's the salary range for professional technical positions at the internationally recognized arts institution where I work. There is something wrong with this picture and America is becoming a joke.

[tedson]

First she doesn't vote. Now she hires illegal immigrants to save a few bucks instead of an unemployed American citizen. Why didn't she hire a single mom living in poverty with her children? This woman's all about greed and power.

[Kris]

Any business owner must know how to account for labor costs. Records must be kept for employees overtime, holidays, legal status, payrol taxes, Workers Comp, U I and other insurance costs that add to the direct labor costs.

Please explain how Meg seemed to have overlooked the core componet of running a business.

Can we believe in her Superior business acumen or her Integrity in following the laws of the nation.

Oh!! yea!! The Elite are above the laws they create.

[GG]

And has this self admitted 'illegal' been jailed yet? Where's Jerry Brown? Isn't this his job?

[bobbyromo]

is Gloria harboring a lawbreaker? does anyone know Gloria home address, she exposed Meg's address on live TV, i am sure to get demonstrators at her home, does this qualify as a bully?

[Diane Lake]

To Mike M.: You might want to reconsider your statement about what happens to Republicans when they are discovered "cheating, deceiving, lying, etc." and remember the likes of Senator David "hooker-gate" Vitter , R from Louisiana still serving; Senator Ensign, R from Nevada, still serving after being caught screwing his assistant and then paid off her family to the tune of $90K hush money he obtained from his parents; Senator Larry "wide stance" Craig, R of Idaho served in the Senate even after he plead guilty to disorderly conduct in an airport men's room; or Governor Mark Sanford, R from So. Carolina, lied to his constituents that he was hiking the Appalachians when he was in Brazil in the arms of the "love of his life" -- he left his post as Governor and no one knew where he was since he lied and deceived them -- and then refused to resign even after his own party recommend he leave. I could go on but this should be enough to prove your hypocrisy! (What did NY Former Governor Elliott Spitzer, D do after his hooker scandal? He immediately quit!!) HELLO!!

[Jbjd]

Gloria Allred shills for the D Party. Period. She has established in the past, when the conduct at issue is arguably unlawful, she will align herself with the party - alleged victim or perpetrator - who is less likely to harm the Party. Even if this means, biting the bullet, herself, such as was the case with the D Party during the 2008 primary campaign, when Obama's minions violated CA's vote binding laws by harassing Clinton pledged delegates to switch to Obama BEFORE the nominating convention. They perpetrated such illegal conduct in all vote binding states. In GA, AG Baker (D) received complaints from citizens there, Obama was breaking the law. But evidencing his loyalty to the law and not the Party, AG Baker reminded pledged delegates they were bound by GA law to stick to the candidate voters elected them to represent, when they got to the convention. Ms. Allred appears to have been unaware she was similarly bound in CA until she arrived in Denver. There, she announced to the press that at the request of fellow Clinton pledged delegates from that state, she had researched the law and determined they were bound to vote for Clinton. She complained convention organizers were stifling her from informing these delegates, they had to carry out their legal obligations.

But did she complain to AG Brown the Party was violating the laws in that state? Did his office investigate and then punish the wrongdoers? Obviously not because 1) there has been no word of this in the press; and 2) I watched Ms. Allred on FOX News recently complaining again that she was 'gagged' at the convention from discussing this issue but not revealing that she had filed a complaint with AG Brown. On the contrary, she falsely claimed, the DNC "Call" (their rulebook) even instructs pledged delegates to vote for the candidate they were elected to represent. So she didn't understand why she was prevented from dispensing such legal advice, too.

Only, DNC rules say no such thing. That's why most Clinton pledged delegates from vote binding states didn't even know about these state-specific laws until they reached the convention and received the news from volunteers handing out flyers.
A COUP, THROUGH and THROUGH (1, 2, 3, and EPILOGUE)

[anewjobopening?]

I guess there's an opening at that agency now for a house keeper at the candidate's house. The article didn't mention the agency. I've got my paperwork. The salary is more than my non-union television gig that I've been working full time at for the last 3 years (no cost of living raises).

[twoweeled]

ahhhh too bad!!! Your lucky they don't throw your law breaking butt in jail. It does in the very least, sound like the illegal was using a false ss# number. I hope they go after her, but I doubt they will.

But then again, look at those real tears! Maybe I'm wrong. Give her some more of our tax money.

[jayg]

This is insane, she's flying in the face of our laws! She stole an identity and misrepresented herself and she's the victim??? NOT. DEPORT her!!! She is a criminal!

[Holly]

The maid is a criminal and an extortionist and should be deported. Gloria Allred is the liar failing to prove her case. Meg Whitman had been provided with all the papers she needed to believe her maid was legal. It appears Meg has done nothing wrong.

[klr]

Have you ever met a politician that's not a hypocrite? They all are, we as voters must figure out who is the lesser evil.

Why is this housekeeper not in the custody of the INS????? She wants money, Allred wants the limelight, go away both of you. America, land of free money and free health care on the backs of the middle class working sect. Uphold the law Allred, not your own self promotion.

[David]

I wish someone would deport Gloria Allred. Actually, even better, hopefully this women does get deported and then sues Gloria Allred for exploitation; now that is a fund worthy of contribution.

[Lori]

Can I get paid $23.00 an hour for being her maid! What a deal for an undocumented worker. Gloria needs to find something else to do than represent a person who rips off social security numbers. I have one word for all of you-
DEPORTATION!

[kenjisan]

I see Nutmeg's millions are hard at work here. It's the hypocrisy - stupid!

[joseph]

This will help Megs campaign.As time passes,everyone will see this is gonna backfire on gloria and jerry. just the fact that she fired the border sister on the spot because of her being illegal shows we can depend on her to be tuff on illegal immigrants.

[Gman]

I consider myself a moderate. But I think Gloria shot herself in the foot. We have housekeeper who is illegal, lied for 9 years and yet this dumpster diving attorney painted her to be hero. Hero for what?? Came here illegally and lied for 9 years? Is that the model citizen we want? Whitman's husband asked the housekeeper to clean up the INS letter. He is a surgery and she runs a 35K people company, are they suppose to spend time on someone they trusted for 9 years? Sorry Gloria, I am now 1000% voting for Meg Whitman because I now see the sleazy things liberals do and how they stretch the lies

[Gman]

One more thing. I don't quite understand what Gloria is arguing. Is Whitman suppose to keep the housekeeper after finding out she is illegal? Really? There are people who buy into this dumpster diving lawyer and her little pet political sidekick which she will dumped as soon as this is over.

[pepper]

Where is this employment agency that sent Mrs. Diaz out to the Whitman home to be employed? What about the drivers license and social security card that Diaz showed the Whitmans, and possibly the employment agency, where she got the lead on the job? So many questions that the lazy and partial media are refusing to run down. And if Whitman is guilty, why has it taken so long to prosecute? Ya know what most thinking Americans think? We think Diaz has been used, and Jerry Brown is desperate, to try such a tactic to attack his worthy opponent..and that lawyer should be ashamed, not disbarred. Since she did the best for her client, Brown.

[blackone]

Please don't show another photo of Nicky.

[J]

I see most of you making comments and racist remarks must be republicans or just plain ignorant .... no every single mexican is here illegally and if they are they come here to have a better life ... even if "illegal aliens" use a non valid ss# taxes are still taken out !so for those of you who sit there and talk about paying taxes for illegals and their families you don't just pay for them ....did you all forget to include all the disgusting rapist and murderers in jail????????? "illegals" as you call them have been downgraded and insulted for decades!!!! so, if this woman came forward and said her story she should be treated with respect...a lot of "illegals" work for people who take advantage of them and if they stay and take everything thrown at them it's because they don't have the same opportunities as all of us"citizens" .... gratefully im a us born citizen with hard working MEXICAN parents that came here illegally and were later granted citizenship in the 90's... opportunities like those should be given to those who deserve it...and must i say that's a lot of people... meg whitman is offering a "guest worker program" so is that when "illegals" are good for her????? people quit being so ignorant and get your facts and research straight!!!!

[Duped Tax Payer]

Is there a crime committed here? The only crime committed is by the maid who lied to the agency, being illegal, fake DL, fake SSN, falsified data, not getting paid and how she is paying Gloria for the thousand in lawyer's fee. I smell rat. Meg Whitman is wrong for not reporting to ICE. Most people don't know right from wrong.

[ppetitclerc]

Did the Housekeeper Pay taxes on her income ? probabably not . she clearly broke the law. Even if she was owed money by Meg Whitman did she know she could take her to small claims court ( without a lawyer present ). If meg whitman filed a W4 form on this scumbag that she obviously didn't know that she was illegal..

[D. Bray]

When you go through an agency to hire an employee and they vouch for this employee with a SS# someone should be looking at the agency. I have used
agencys & always presumed they were on the up & up. California has so many
problems they need a business person like Meg Whitman. I lived in Calif. under the governess of Brown (terrible) and I moved to a different state. Oh,
I am a Democrat. Hopefully the people of Calif. are not as stupid a Allred
makes them out to be.