In comments to the South Florida Sun-Sentinel in November, Mecca attorney Gary Smigiel said the plaintiffs were not employees of the farm, adding that the company requires contractors to adhere to the law. "We are very specific about [following minimum-wage and migrant-labor regulations]," Smigiel told the Sun-Sentinel. "If we find they do not, we do not use these people."
Gregory Schell, managing attorney of the MFJP, says this case seeks to establish through the courts that farm workers are dual employees of both labor contractors and growers, and that growers are responsible. "The whole fiction is that "They don't work for us,'" Schell says.
Tom Bennett
Tom Bennett
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"Mecca pays the contractor who pays the worker," Caron reiterates. "Mecca wants to say, "It is out of our hands,' and the net result is that they are abdicating responsibility."
Caron was surprised in a way that the eight workers, some of whom are still employed by Mecca, agreed to become lead plaintiffs. Seven of the eight plaintiffs in the field case are in the country illegally. "Challenging your employer, even if you are a Microsoft executive, is never easy," Caron comments. "It was remarkable to see people go through the thought process, to consider it, and then go ahead and sign up. Most people said, "I'm doing this for everyone else.' I don't think anyone would have done it except for that."
Besides the lead plaintiffs, she says, another 50 present and former Mecca workers gave her their names and spoke to her about conditions at the company.
As Caron has worked with Rosa, she has seen stirrings of self-awareness. "She was so quiet and scared about being involved at first. She has gained confidence," Caron says. "I think part of that is seeing that the system is responding to her. The insurance started paying her hospital bills. She sees she really does have rights.... I think all of the people involved in the lawsuit are gaining the realization that they do have some stake in this country, that to some degree they are respected by a system that has been somewhat theoretical to them."
Santos is impressed with Rosa, too. "She has courage to do it," he says of her battle with M. Sanchez and Mecca.
When Rosa first met with Mecca's workers' compensation attorney in October, Caron says, the 19-year-old stared at the ground instead of looking the attorney in the eye. At a mediation hearing recently, Rosa seemed a different person, Caron says. "She even seemed taller."
Caron hopes that M. Sanchez and Son's insurer will pay for Rosa's future medical care and lost wages. So far, they have not come to terms. When the lawsuit is settled, Rosa wants to return to Guatemala. She would like to travel a little with her mother, maybe start a business selling clothes from Mexico in her village. The death of her grandmother brought home to Rosa the importance of family. "There I didn't have any money, but I had my family," she says. "Here I have money, but I don't have my family."
Eber sleeps for awhile while his mother talks. When he stirs and opens his eyes, he looks puzzled by the ribbon wrapped around his tiny hand. He follows it from his fist up to the balloon, smiles at the surprise of it tethered there, floating above him, and then drifts back to sleep.
"When am I going to see my skinny girl again?" Felipa always asked her negrita.
Rosa is crying.
