Assignment

Born in Mexico, Mr. Santos illegally entered the United States in 2010 and got a job with Penny's Plastic by showing false identification. In December 2010, the United Rubber, Cork, Linoleum, and Plastic Workers of America AFL-CIO started a union-organizing campaign at his production plant, and Mr. Santos supported the effort, distributing authorization cards. In January 2011, Mr. Santos and others who had been involved in the organizing were laid off. The National Labor Relations Board (NLRB) found that Santos' layoff violated the law because Penny's Plastic was attempting to "rid itself of known union supporters."

In view of these facts, analyze this problem and justify your decision from a legal and ethical standpoint by answering the following issues:

1. Is Mr. Santos, as an undocumented alien, entitled to collect back pay remedy? Can you articulate a legal claim against Penny's Plastic?

2. Was it ethical for Penny's Plastic to lay off Mr. Santo? Analyze and evaluate Utilitarianism and Deontological theories? Are there different results for the decision makers in the company?

3. Who are the stakeholders in this case? What impact does your ruling have on each of them? Discuss and explain.

4. Suppose Mr. Santos had been fired after reporting health or safety violations in the workplace. What pro/con arguments can be made that whistleblower protection should apply to an undocumented alien? What ethical issues arise? Discuss and explain.