Skip to content

A town square for an unsquare town

redbankgreen

Standing for the vitality of Red Bank, its community, and the fun we have together.

UNDOCUMENTED, BUT NOT WITHOUT RIGHTS

Kudos to Michele Sahn of the Asbury Park Press for giving some attention today to the kind of story that often stays below the radar of dailies of that size. In the process, she shines some light on the difficulty that undocumented workers can have in getting paid.

Mexican immigrants Benito Guendulain, 37, and his 19-year-old nephew, Salomon Zavaleta, were in small claims court in Freehold yesterday hoping to be heard on their claim that landscaper Michael Curialle stiffed them for a combined 234 hours of work they’d done for him last month.

From Sahn’s report:

During the morning roll call of small claims cases, [Superior Court Judge Mark A.] Sullivan told the workers that Curialle had not yet been served with the paperwork for their case, but then they recognized him in the courtroom.

Turns out Curialle was there being sued by another party, a landscape supply company.

Sullivan ordered Curialle, Guendulain and Zavaleta to arbitration, which is the usual process for small-claims. But when they couldn’t agree on a settlement, the judge held a hearing.

Guendulain testified that he told Curialle he didn’t have papers to work in the the U.S., and that Curialle hired him on the condition that he try to obtain the papers. Guendulain said he worked two 78-hour weeks for Curialle without any payment, and Zavaleta testified he worked one 78-hour week, also unpaid. Curialle told the judge that the pair did not work for more than four days. He said he paid one $50 and another $200, and when their paperwork came back as fake, he told them they couldn’t work anymore.

Sullivan said he found the worker’s testimony more believable, and ordered Curialle to pay $1,940 to Guendulain and $970 to Zavaleta. That works out to $12.43 an hour.

Guendulain and Zavaleta came to the United States from their native Mexico 10 months ago and have been living in Freehold, Sahn reports. They were accompanied to court by a representative from Casa Freehold, an immigrant-rights advocacy group.

Curialle had argued that he needed more time to bring in witnesses because he hadn’t been served with papers in the case. Sullivan told him that if he has newly discovered evidence, he will be allowed to apply for the judgment to be set aside.

Curialle also lost the other case. He was ordered to pay $2,873.45 to Triple C Nurseries in Marlboro, which claimed Curialle had paid for goods with a check and then stopped payment before the check cleared.

Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
Partyline
TESTING THE NEW SOD
A white tailed deer explores the new sod at the Red Bank Middle School, where the grounds have recently been remade as part of a $3.6 millio ...
MR. D BRINGS THE BOOGIE
Mr. D (Dennis Daniels) keeps the music coming at the ribbon cutting for the newly expanded Parker Family Health Center Tuesday afternoon. Al ...
PAINT THE TOWN PURPLE
One of many purple ribbons that appeared on light poles in downtown Red Bank Wednesday with the morning sun shining on St. James church in t ...
RISE OF THE SKELETONS
Watch out, it looks like the skeletons are coming out on River Rd! (photo courtesy of Partyline contributor Nicole Taetsch)
106 YEARS OLD, OFF TO POKENO
Edith Blake rides the lift onto the Red Bank Senior Center bus Thursday Morning, where Pokeno is on the schedule every Thursday. Blake is 10 ...
OOMPAH YIELDS MOOLAH FOR YMCA
  There was more than beer samplings, sausage and oompah music to celebrate Red Bank’s Oktoberfest on Saturday. Event organizer Red B ...
SUNDAY CHAMBER MUSIC
  Trio Zimbalist doing Haydn at the Trinity Church Hall courtesy of the R B Chamber Music Society. (photo by Partyline contributor Chri ...
HIGH (VERY) TIDE IN RED BANK
High tide at the Marine Park horseshoe this morning. A persistent week of onshore winds and a recent full moon are causing unusually high ti ...
LIGHTS. CAMERA. SHAKAS.
Some dude in a classic scruffy looking convertible filled with surfboards, a checkered flag and an odd assemblage of junk/treasures in the b ...
CRABBER’S DELIGHT
Ed Merlino shows off his morning’s catch at the Marine Park fishing pier Monday (photo by Brian Donohue)
DRESSED FOR CELEBRATING
Sunday’s Hispanic Heritage Month Celebration in Riverside Gardens Park (photo by Partyline contributor Chris Havens)
SUNDAY CHAT WITH A VIEW
A man enjoys the view of the Navesink River while chatting on the phone from the bench near the Red Bank Public Library Sunday morning. We d ...
GARAGE SALE PARTY!
When Henry Tindal has a garage sale, it’s not just a garage sale. It’s a garage sale party. Photo taken Saturday (photo by Brian ...
A PROCLAMATION!
By KENNY KATZGRAU The Borough of Red Bank recognized redbankgreen founder John T. Ward at its September 12th council meeting. Ward accepted ...
IN THE CROW’S NEST
A fish crow waits optimistically for crabbers at Marine Park to drop a bit of bait for lunch. (photo by Brian Donohue)
ANYONE HUNGRY?
A bird feeder awaits customers at Veterans Park. (photo by Partyline contributor Boris Kofman)
ALL’S WELL. AND WELLER
  Legend in town. (Photo by Partyline Contributor Jeff Frieri)
DEEP SANDAL THOUGHTS
A pair of sandals left in the doorway on Monmouth Street in this photo by Partyline contributor Ryan Chippendale, who added a choice of capt ...
MARINE PARK REMAKE
New plants for the new Marine Park parking lot appear ready for planing as construction of the new parking lot proceeds. The work is part of ...
LONG LIVE LOCAL NEWS
Getting amped up for LION Chicago 2024