October surprise: Meg Whitman’s former maid admits she’s an illegal alien

posted at 4:17 pm on September 29, 2010 by Allahpundit

I’m surprised Gloria Allred didn’t wait two days to hold the press conference so that it’d be a true October surprise.

Well played, Democrats. Very well played.

Nicky Diaz, the household worker who alleges she was fired by Meg Whitman, the Republican nominee for California governor, after telling her that she was undocumented has recounted her version of what happened when she asked Whitman and her husband for help in June 2009:

“I told her I don’t have papers to work here and need her help,” the worker said at a press conference in attorney Gloria Allred’s office. Whitman’s husband “was very angry and said, ‘I told you, I told you she was going to bring us problems.’ Ms. Whitman turned to him and said, ‘Calm down, calm down.’ ”

She said Whitman’s husband “yelled” at her. “I was crying for fear and intimidation. With a face full of tears, I told them, ‘I believe in people. And I believe people deserve a chance. I also told them I don’t wish them any harm. I just wanted their help…

She said Whitman later left her a voicemail telling her she talked to her lawyer. “She said, ‘I cannot help you. And don’t say anything to my children. I will tell them you already have a new job … and from now on you don’t know me, and I don’t know you. You have never seen me, and I have never seen you. Do you understand me?’ “

Diaz had worked for the Whitmans for nine years when all of this allegedly went down. Curiously, the voicemail she claims she received apparently wasn’t played at the presser; on the contrary, the only hard evidence Allred offered was a mysterious “document” that’ll supposedly support their allegations but which they won’t reveal until they’ve heard Whitman’s response to the charges. Hmmmmm.

As for that response, it’s simple: Whitman says she didn’t know Diaz was here illegally and gave TMZ a copy of Diaz’s job application to prove it. The question “Can you legally accept employment?” is answered “yes” on page one, and government documents — including a Social Security card, a California driver’s license, an IRA W-4, and an INS verification form — are provided on pages 12-14. Good enough? Maybe not. Allred claims that Whitman did know of Diaz’s true status notwithstanding the job application, citing letters Whitman allegedly received from the Social Security Administration raising issues about Diaz’s identity. I’m sure there are plenty of people who hire illegals and happily look the other way at documents they suspect are falsified, but if that’s true in Whitman’s case, riddle me this: Why, oh why, would a woman who was planning to launch the most expensive self-funded campaign in history have waited until June 2009 to rid herself of a political liability? Whitman’s obviously had political aspirations for years; she donated more than $225,000 to Republicans since 2000 and was part of Romney’s finance team during his presidential campaign before joining McCain’s team as national campaign co-chair. Clearly she’s been inching towards a run for office since at least 2008 — in which case, what exactly was the thought process here? “Okay, let’s spend in excess of $120 million on the California gubernatorial race but … let’s not pink-slip my illegal immigrant maid, who could singlehandedly destroy my bid?” Seriously?

Makes no sense to me, which makes me think Whitman really did believe that Diaz was here legally. But then, whether it makes sense is beside the point. The point is to simply level the accusation and make Whitman squirm. Like I say, well played, Democrats. For your viewing pleasure, here’s another moderate Republican extolling the virtues of illegal immigrant labor. See, Californians? All the cool kids are doing it!

Update: The boss emeritus notes that Whitman allegedly received a “red-flag no-match” letter about Diaz from Social Security as early as 2003 or 2005. If that’s true, why on earth didn’t Whitman at least investigate Diaz’s legal status at the time? How could she gamble $120 mil on a campaign knowing that this political time bomb was set to go off?


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Wow, Meggy is worse than O’Donnell, we need to throw her under the bus.

WordsMatter on September 30, 2010 at 7:51 AM

AP is in full election mode now! Lay it on us and hold back nothing. Don’t worry, it is not a distraction.

Fuquay Steve on September 30, 2010 at 7:57 AM

Malkin and company seen running for the exits shouting…
OH NOES! THEY HAZ ACCUSED US OF SOMETHING!
In a matter as complicated as SS Administration oversight and notoriously slow bureaucratizing, the fact you can’t fire someone for being accused of having a discrepancy of this sort and there is precious little you can do to investigate it.
The fact this contract employee swore it was all a mistake and continued to lie about it until Whitman had incontrovertible proof….
Malkin et al go right for the MSM Spin and Whitman’s jugular.
Pathetic

Beto Ochoa on September 30, 2010 at 8:17 AM

Actually, I don’t know if illegals work at my house or not. I hired a landscape company when hubby couldn’t mow the lawn.

Meg will be fine.

Fallon on September 30, 2010 at 8:22 AM

Whitman is just did what everyone else in CA does. The fact that what she’s been doing is against the law just shows how much the system needs reform.

Are the Dems REALLY going to try and demonize Whitman for employing an illegal? What’s next, a progressive movement demanding to shut down the border?

hawksruleva on September 30, 2010 at 9:32 AM

I saw parts of the press conference.

It was so contrived and so coached it made me sick to even watch it.

p0s3r on September 30, 2010 at 9:32 AM

I have only one complaint about the matter. (The entire thing is way too convenient, I think Whitman is innocent of any wrongdoing in this matter.)

I’d also like to add that, as an employer, it isn’t as simple a matter as “fire that person, you’ve got a red flag!”

You do that, and Civil Rights is all over you like white on rice on a paper plate in a blizzard.

Anyhow, to the crux of the matter: Why is it “hardworking latina”? Why not just “hardworking person”?

._. That’s my problem.

KinleyArdal on September 30, 2010 at 9:53 AM

I’d also like to add that, as an employer, it isn’t as simple a matter as “fire that person, you’ve got a red flag!”

You do that, and Civil Rights is all over you like white on rice on a paper plate in a blizzard.

Anyhow, to the crux of the matter: Why is it “hardworking latina”? Why not just “hardworking person”?

._. That’s my problem.

KinleyArdal on September 30, 2010 at 9:53 AM

It’s not, but you just can’t close your eyes and hope the problem goes away. You have to keep after the employee and check to see whether the problem has been corrected. If it continues to be uncorrected, then you have a problem.

Jimbo3 on September 30, 2010 at 10:05 AM

I recently changed cleaning services and made the same emphatic requirement as part of my “needs list” with this competitor and this time it was not looked at as something highly unusual. I think the whole illegal alien issue is more in the forefront now that it has been in the past.

karenhasfreedom on September 30, 2010 at 2:27 AM

Karen, did you get it in writing?

Jimbo3 on September 30, 2010 at 10:06 AM

Wasn’t Mrs. Whitman simply helping an impoverished citizen of the world to reach her true potential and opportunity in this great land of ours?

catmman on September 30, 2010 at 10:39 AM

Recent information released by meg (copies of employment application, ss card and DL) provided by her $23.00 an hour maid shows that she checked off she was a legal resident of the US. Wonder if Gloria AllTrash new about these documents…they are posted on TMZ

sargentj on September 30, 2010 at 10:55 AM

Comes down to one choice, who would you rather beleive, a lying,cheating,law breaking illegal,or a hard working American who worked her way up.

OOOHHH never mind I forgot it was Mexifornia.

concernedsenior on September 30, 2010 at 10:56 AM

The woman earned $23 AN HOUR as a cleaning person. Tell me there aren’t Americans who wouldn’t jump at the chance to earn that kind of money!

EasyEight on September 30, 2010 at 11:15 AM

BACKLASH! Attacking Meg Adds NAILS and VOTES!!!

You know, I bet Whitman is back to being “Tough as Nails” on immigration.

Mutnodjmet on September 30, 2010 at 11:41 AM

Hmmm….here is another angle to this. It seems to me that Meg was given correct paperwork (or good forgeries), hired this lady…and a few years later, Meg found out she was illegal and promptly fired her. Sooo…what is the problem here?

http://townhall.com/columnists/HughHewitt/2010/09/30/falling_off_the_floor__gloria_allred_and_the_democrats/page/2

The only thing see is a shyster lawyer trying to get some airtime at the expense of the California voters….

norm1111 on September 30, 2010 at 12:06 PM

The woman earned $23 AN HOUR as a cleaning person. Tell me there aren’t Americans who wouldn’t jump at the chance to earn that kind of money!

EasyEight on September 30, 2010 at 11:15 AM

For real?

I need to set up a business to give false work papers to real American citiznes, so they can get in on the action

I had been thinking about Bloomberg for a long time. I am pretty sure Bloomberg doesn’t want anyone but illegals cutting the grass at his countryclub. I make that assumption because I know there are plenty of legals in and around NYC, including middle class, and lower income teenagers. Not his kids, but lower class, crappy class kids are still being born, and some might rather cut grass than work at McDonald’s

Illegals [A.K.A. Mexicans) are the preferred employee of the upper classes. Perhaps the upper crusties think the illegals are less likely to spill the beans about midnight pool parties, whatever. The Whitman case punctures that balloon

I am getting pretty weary of illegal aliens shakedown artists as well as upper crust Americans who leave their poorer fellow Americans in the dust to make a deal with the devil

The truth will come out, but not until the lawyers have worked the cable outlets. Too bad Whitman didnt clean her own toilets, like I do

entagor on September 30, 2010 at 12:42 PM

Karen, did you get it in writing?

Jimbo3 on September 30, 2010 at 10:06 AM

Jimbo, so far everyone who has come to my home over the past 9 months speaks midwestern accented american english, so without risking “racial profiling” I have to presume anyone speaking like everyone else who was born here is eligible to work here. Having lived in the SW border states for 30 years, I definitely know when I am speaking to someone if they understand what I am saying or totally faking it. Funny thing though, in this area, any potential illegal has a higher likelihood of coming from northern europe :)

karenhasfreedom on September 30, 2010 at 12:54 PM

That vicious Meg only paid her $23 per hour…more then some U.A.W. workers, and SEIU members.
It would have been great if she let her go because she couldn’t afford the health care…

right2bright on September 30, 2010 at 1:27 PM

Question:
How did Gloria Alred get the CONFIDENTIAL letter from the Social Security Administration?

Possible answers:
A) The maid stole it before Meg Whitman received it.
B) There is no letter, Alred is lying.
C) Someone at SSA ILLEGALLY gave it to Alred.
D) The maid, who faked all the other documentation, faked this too.

barnone on September 30, 2010 at 1:34 PM

This is what Meg in Ca should do, make fun of Gloria.
“I am being sued for paying an illegal alien $23 per hour, about $13 more an hour then she pays”…”If I didn’t hire her, Gloria would have sued me, if when I did hire her she sued me, everyone is a meal ticket to Gloria”…”When you drag a hundred dollar bill through an attorney’s office, you never know who you get”…”Gloria must need another face lift”…”We only hear from Gloria when her friends are being beaten at the polls”…”Gloria pays her secretary less then I paid our maid, no wonder she is upset, she has to give her secretary a raise”…

right2bright on September 30, 2010 at 2:05 PM

Well, when Allred says she has the letter sent to Meg Whitman, I can only wonder if it’s the original letter sent, or a copy from the SSA she requested on behalf of her client?

If it’s the original, then how did she get it? The only source would have been the housekeeper. Which means she confiscated the letter before Whitman ever saw it.

Criminals always think they’re smarter than everyone else. And I think this will be a case where this housekeeper finds out the hard way she’s not smarter than everyone else.

ButterflyDragon on September 30, 2010 at 2:11 PM

Hugh Hewitt interviewed Allred, and makes the interesting point that no one disputes Whitman acted exactly as the law requires, and fired the housekeeper. Allred did not disagree.

Allred argues that Whitman should have know sooner the the housekeeper was illegal, from the SS letter (forgetting for a moment the issue of whether the housekeeper intercepted and stole the letter). Allred is effectively arguing not that the poor latina lady was mistreated by Whitman, but instead that Whitman should have mistreated her sooner.

Hilarious. This is what Democrats argue is smart politics? Kick the poor latina lady harder, faster, sooner?

MTF on September 30, 2010 at 2:39 PM

Nicki – “Look at me! I’m illegal!I’m illegal!I’m illegal!I’m illegal!I’m illegal!I’m illegal!I’m illegal!I’m illegal!”

Allwet – “Look at me! She’s illegal! She’s illegal!She’s illegal!She’s illegal!She’s illegal!She’s illegal!She’s illegal!She’s illegal!

Good plan, Ladies.

Idiots.

tickleddragon on September 30, 2010 at 2:42 PM

It just dawned on me that this lady showed more proof of having the right to work here, than the president has showed.

BruceB on September 29, 2010 at 7:19 PM

This.
SHUT UP, CommieCrats.

Who is John Galt on September 30, 2010 at 2:54 PM

A caller into eR today asked the question, -’now that it appears the maid has committed identity theft isn’t it the job of A-G Jerry Brown to prosecute her’?

slickwillie2001 on September 30, 2010 at 2:56 PM

I guess I’m an inhuman beast, because I just saw Nikki weeping at a press conference with Gloria Allred, and I thought, “Did Meg force you to commit fraud and falsify you W-4 and give a false SS number?” I understand that Allred is suing Whitman for back overtime wages and mileage.

If I were Whitman, I’d have felt victimized and angry and turned her in to ICE. This woman is a blot on all the honest Mexicans who have come here legally and worked honestly. I’ve never really had much of an opinion about Allred other than that she’s a show boater, but this really disgusts me. I hope most Californians agree.

flataffect on September 30, 2010 at 3:02 PM

So has the admitted illegal alien maid been deported yet? Has she been prosecuted for her admitted identity fraud? I’ll take bets with anyone who thinks either of these things will actually happen.

Oh, and while you’re contemplating the size of your bet against me, consider for a moment what would happen to you if YOU committed identity fraud. Do you really think the auspicious Gloria Allred would deign to defend you?

runawayyyy on September 30, 2010 at 3:26 PM

If the letter has Whitman as the addressee the letter wasn’t “confiscated” it was stolen. If Allred has the original she is in willful possession of stolen property. Both Diaz and Allred should be prosecuted accordingly. Then Allred should be disbarred and illegal Diaz deported for federal offenses perpetrated against Whitman.

viking01 on September 30, 2010 at 3:29 PM

Something doesn’t smell right in this whole thing:

If she was hired through an agency wouldn’t the agency get the letter and how did Allred get it when nobody else can get a copy. Could it be that it came to Whitmans house and the poor maid stole it?
This poor lying,cheating,illegal alien was abused for 9 years for $23. an hour, give me a break,she’s not even a good actress.
If people can’t see through this dog and pony show they really shouldn’t be allowed to vote.

Allred and Pelosi should take their shows on the road as Frick and Frack they are both disgusting pieces of crap.

concernedsenior on September 30, 2010 at 3:30 PM

I don’t care if they have video of Meg giving her maid a piggyback ride across the border… there is no way in hell I’m voting for Governor Moonbeam.

hindmost on September 30, 2010 at 4:08 PM

This Diaz person forged a fake identity and LIED for 9 years, why should the rest of us believe anything she has to say?

And anyway, Whitman went out of her way to establish that she was here legally and ask for identification documents. When she found out she was illegal, she fired her. Where is the misconduct on Whitmans part? It sounds like Whitman is the victim here.

bitsy on September 30, 2010 at 4:15 PM

This is one of those topics where you can not be a Republican squish. If you do you will be f***ed.

And thanks a lot Meg Whitman for knowing about this back in 2009 and keeping it secret through a primary bid.

Shameless.

papertiger on September 30, 2010 at 5:16 PM

And thanks a lot Meg Whitman for knowing about this back in 2009 and keeping it secret through a primary bid.

Shameless.

papertiger on September 30, 2010 at 5:16 PM

…and you know that how?
Or are you just trolling…

right2bright on September 30, 2010 at 5:18 PM

How dare Whitman follow the law to the letter in 2009 and not tell us about it in 2010!

slickwillie2001 on September 30, 2010 at 5:35 PM

How can Dems gather this obscure info, and yet Republicans cannot uncover anything in OB’s years at Columbia.

Bluecaper on October 1, 2010 at 12:58 AM

Dear Sweet Niky committed two felonies: Fraudulent SS card and Drivers License. Jerry Brown is CA AG and can prosecute or not for license. Thank you Allred for putting him in that double bind.

It’s always these unintended consequences with you D’rats.

Caststeel on October 1, 2010 at 1:13 AM

Quick question for Ms. Allred, your client was being paid close to $48,000 a year for maid services, please explain how she was “financially exploited”?

$48k a year to clean an f’ing house?

How many actual American citizens make that kind of cake for doing jobs that actually require skills and THE ABILITY TO SPEAK ENGLISH?!

!@#$ YOU, Allred and DOUBLE !@#$ YOU, Nicky!

Lets hear it again from Dub and McCain about those “jobs Americans won’t do”.

For $48 grand?!

Makes me wonder what I could get for doing her job AND yard work AND cleaning the pool!

If Whitman’s paying $48 large just for housework, I gotta figure I’m pulling down $150k for the house, yard and pool, easily.

If $48 grand a year for manual labor is exploitation, all I can say is “Where do I sign up to be exploited?”

SuperCool on October 1, 2010 at 4:11 AM

Uum, no. If Whitman received a “no match” letter, that meant that her maid’s name or Social Security number doesn’t match what is in the Social Security Administration’s database. Whitman should have done more checking at that point and told her maid to correct the problem–it could be that the SSA had just a wrong spelling of her name, by the way, rather than her maid being an illegal alien. But if that wasn’t fully corrected by that, Whitman may have constructive knowlege [sic] that her maid was here illegally.

Jimbo3 on September 29, 2010 at 4:47 PM

I’m not sure how “constructive knowlege” is any different from “knowlege”, but…

The ICE safe-harbor regulation describes what an employer should do if it receives a mismatch letter in order to avoid being charged with “constructive knowledge” that the employee is an unauthorized worker.

Under the proposed regulation, what should the employer do to benefi t from the safe-harbor?

First, within 30 days of receiving the notice, the employer should check its records to determine whether the discrepancy results from a typographical, transcription, or similar clerical error in the company’s record or in communication to SSA or DHS. If there is such an error, then the employer must correct the record, inform SSA or DHS, and then verify that the corrected record has resolved the discrepancy. The employer should document the manner, date, and time of the verification.

If there is no clerical error, then the employer should ask the employee to confirm the accuracy of the record. If the employee states that the company record is incorrect, then the employer should make the appropriate changes according to the employee, inform SSA or DHS of the corrections, and verify that the corrected record has resolved the discrepancy. If, however, the employee maintains that the record is correct “as is” then the employer must ask the employee to pursue the mismatch matter directly with SSA. If the employee then provides new information that would change the record, the employer must verify the validity of the new information with SSA. If the mismatch involves a DHS document, the new rule requires the employer to resolve the discrepancy directly with DHS.

In order for Whitman and her husband to have received this letter, they had to have paid Federal payroll taxes on this person (Nikki) (see page 13 of document linked below). For them to pay Federal taxes on Nikki, they had to believe she was legal — who pays Social Security, Medicare, and withholds taxes for a person who is not legal? According to your logic, Meg Whitman is that stupid.

The notation on the letter is telling — it says Meg and her husband received the letter, and her husband was the one who read it and asked the maid to take care of it. From what I know, that’s all my em From all the documentation Whitman has provided, the maid explicitly claimed on her written employment application that she was a legal resident.

Of course, one wonders what the INS responded back when presented with Page 14 of the employment application — the Employment Eligibility Verification. Whitman did not provide that answer, which is needed for the 2007 “safe harbor” provisions under Federal law.

As a result of all this, I do have a new, rule, however — which is never to trust anyone who includes a smiley face in their signature (see pages 12, 13, 14). A smiley face seems to translate to “screw you!” when taken from Spanish to English.

unclesmrgol on October 1, 2010 at 8:21 AM

barnone on September 30, 2010 at 1:34 PM

Meg’s husband apparently annotated the letter and gave it to his employee for resolution. According to the link I used in my comment above, if the employee asserts that the social security number is correct, that is all the employer can do (request that the employee take up the matter directly with the SSA). Affirmative action is only required of the employer should the employee inform the employer that the SSN is indeed wrong; in that case, the employer needs to update payroll records and inform the Government of the mistake.

The Allred document indicates that, in June 2009, Nikki was terminated. Now, more than a year later, on the eve of an election, Allred pulls her October surprise.

unclesmrgol on October 1, 2010 at 8:34 AM

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