Coque v. Wildflower Estates Developers, Inc

In Coque v. Wildflower Estates Developers, Inc., 58 AD3d 44, 52 [2nd Dept. 2008] the court held that "if the employer hires the employee with knowledge of the employee's undocumented status, or without verifying the employee's eligibility for the employee's undocumented status, or without verifying the employee's eligibility for employment, the employer has not been induced by the false document to hire the employee and, thus, has not 'obtained employment by' submitting false documentation" (Id. at 53). The court further stated that "where an employer violates the IRCA in hiring an employee, such as failing to properly verify the employer's eligibility for work, the employee is not precluded from recovering damages for lost wages as a result of a workplace accident" (Id. at 54.)