Explosive Allegations: Former Employees Target Delia's Tamales Founder Amid Wage Theft Lawsuit

In a dramatic turn of events, a group of 30 former employees from the beloved Delia's Tamales restaurant chain is intensifying their legal battle by seeking to name the company's founder, Delia Garza, as a defendant in their ongoing lawsuit over wage theft. This legal maneuver comes on the heels of a federal investigation that has cast a shadow over the popular eatery and its operations.

The Lawsuit Takes a New Direction

Initially, the plaintiffs focused their claims solely on Delia's Tamales as a corporate entity. However, with recent developments, they are now requesting the court to permit the addition of Garza as a defendant in her individual capacity. This request was filed on August 7, shortly after the FBI and IRS conducted raids on multiple Delia's locations across the Rio Grande Valley and San Antonio, gathering evidence for their ongoing investigations.

Legal Pushback from Delia's Tamales

In response, attorneys representing Delia's Tamales have argued that the plaintiffs are exceeding the deadline for amending their claims. They assert that Garza has not been involved in the day-to-day operations of the business for several years and claim that the allegations against her are unfounded.

Details of the Allegations

• The lawsuit alleges that Delia's Tamales engaged in wage theft by withholding Social Security deductions from employee paychecks.
• Former employees claim they were misclassified as "managers" to avoid paying overtime, forcing them to work excessive hours without compensation.
• Additional claims include providing fraudulent Social Security cards to employees and threatening them based on their undocumented status.

Raids and Investigations: A Dark Cloud Over Delia's

On July 24, federal agents executed simultaneous raids at several Delia's locations, seizing documents and potentially uncovering evidence of wrongdoing. Two weeks later, the former employees filed their request to add Garza to the lawsuit, indicating a shift in strategy from individual claims to a more unified class action approach.

Delia Garza's Role in the Controversy

Garza, who started the company by selling tamales door-to-door, faces serious allegations of exploiting undocumented workers and committing federal crimes, including wire fraud and money laundering. The plaintiffs argue that her actions fall under the RICO (Racketeer Influenced and Corrupt Organizations) Act, claiming a history of illegal activities dating back to 2002.

Company's Defense

Delia's Tamales lawyers strongly refute the claims, emphasizing that Garza has not been involved in the company's operations since at least 2018 and that the statute of limitations for any actions she may have taken during her tenure has expired. They further argue that allowing the plaintiffs to amend their lawsuit would severely disrupt the current legal proceedings.

What's Next for Delia's Tamales?

The court has yet to make a decision regarding the plaintiffs' request to amend their complaint, and no hearing has been scheduled. As this case develops, many are left wondering about the implications for Delia's Tamales and its founder, especially in light of the serious allegations being made.

What Do You Think?

• Should Delia Garza be held personally accountable for the actions of her company?
• How do you view the role of undocumented workers in businesses like Delia's Tamales?
• Do you believe the allegations of wage theft and fraud are common in the restaurant industry?
• Could this case set a precedent for how employee rights are protected in similar situations?