An orchard owner hired a was unn illegal immigrant worker fo

An orchard owner hired a, was unn illegal immigrant worker for the growing and picking season. The terms of the agreement indicated that the grower would pay $25 a week spending money plus roomand board for the extent of the season. Once picking was complete and the crop sold, the woker would receive a lump sum payment of $15,000 for the season. After the harvest the worker asked for his pay, and the orchard owner gave the worker $100 and told him to get lost. The immigrant worker found a lawyer filed suit against the orchard owner.

The orchard owner argued that hiring illegal immigrants is against the law that the contract was for an illegal purpose and, therefore was unenforceable. The picker argued that public policy requires that the court enforce the contract.

Who should win? Why?

Solution

The worker would win the contract. This is because although hiring an immigrant worker is against the law (Under Immigrant Nationality Act), the owner still went ahead to hire the immigrant worker and then enter into an agreement with him. Since an agreement was entered into, the worker is liable for the payment.