Agricultural Personnel Management Program
University of California

10/8/03  News Report -- The Wilkes-Barre (Pennsylvania) Times-Leader

PITTSTON TWP. -- The illegal aliens hired by T.J. Maxx presented what appeared to be genuine employment documents, and the employer had to accept them or face possible sanctions, the company said Tuesday.

Responding to a recent notice from the Department of Homeland Security that found more than half of the 544 workers at the distribution center were in the country illegally, T.J. Maxx defended its hiring practices.

"We are extremely disappointed that such a large number of individuals who responded to our local recruiting efforts appear to be ineligible to work in the U.S. and possess false documentation," the company said in a prepared statement.

However, the company added it is bound by law to accept what appears to be genuine documentation.

"We are prohibited from requesting more or different documentation than what is required. To do otherwise could constitute an unfair immigration-related employment practice."

The department's Bureau of Immigration and Customs Enforcement will not penalize the company, said Amy Otten, a bureau spokeswoman. None of the illegal aliens has been arrested, she added.

Many of the 274 people determined to be in the country illegally have resigned or been terminated, the company said.

Company officials will meet with some remaining workers to discuss their status. Those who dispute the government's findings will be referred to the bureau for further review.

The confirmation of illegal aliens among the work force at the huge distribution center caps weeks of complaints by township officials that illegal workers have taken jobs away from local residents and drive down the starting pay to $6.50 an hour.

In response to the claims, the company said it pays competitive wages and has a unionized work force represented by local 295 of UNITE, formerly known as the Union of Needletrades, Industrial and Textile Employees.

The majority of the work force was hired from the Scranton/Wilkes-Barre area, the company said.

Several weeks ago the bureau subpoenaed Employment Eligibility Verification forms from the company and reviewed them.

Late last month, after contact with the department, T.J. Maxx acknowledged some of the workers were illegal aliens.

Sherry Lang, a company spokeswoman, said since then the company has voluntarily hired an outside firm to verify Social Security numbers of new hires.

"We are following the law to the nth degree," Lang said of employment practices at the distribution center.

The company said it is committed to its long-standing record as an equal opportunity employer and seeks to have a long and prosperous relationship with the greater Pittston community.