Meg Whitman Housekeeper Nicky Diaz Santillan Claims Mistreatment, Unfair Termination

Updated 4:17 p.m. Eastern Time

An attorney for Nicky Diaz Santillan, the former housekeeper of California Republican Gubernatorial Candidate Meg Whitman, claimed today that Whitman was aware of Santillan's status as an illegal immigrant and fired the housekeeper when she asked for help.

The attorney, Gloria Allred, said she was filing a claim for lost wages that are due to Santillan. The two women appeared at a press conference where Santillan tearfully discussed the allegations.

In a statement following the press conference, Whitman said "We consider Nicky a friend of our family and were saddened this morning to hear about her legal action."

"After 9 years of faithful service, Nicky came to us in June 2009 and confessed that she was an illegal worker," she continued. "Nicky had falsified the hiring documents and personal information she provided to the employment agency that brought her to us in 2000. Nicky told me that she was admitting her deception now because she was aware that her lie might come out during the campaign. Nicky said she was concerned about hurting my family and me."

"As required by law, once we learned she was an illegal worker, I immediately terminated Nicky's employment," she continued. "It was one of the hardest things I've ever done. I considered Nicky a friend and a part of our extended family."

The Whitman campaign posted documents online to back up those claims, which you can see here. The campaign says the documents show that Whitman was unaware that Santillan was not a legal resident. They include a social security card and California driver's license provided by Santillan and an eligibility form in which she claims to be a  "lawful permanent resident."

Allred described the housekeeper's nine years working for Whitman as a "nightmare." She suggested Santillan was "exploited, disrespected, humiliated and emotionally and financially abused" by the Whitman family, which asked her to work longer than the 15 hours per week for which she was paid.

"She alleges that Ms. Whitman was aware of her status, and may have understood that she was vulnerable because of it," Allred said. Allred also suggested Whitman was engaged in a game of "don't ask, don't tell" to "exploit her while pretending that she didn't know the truth about her status."

It was, Allred said, "cold and heartless treatment of a hardworking Latina."

Allred then turned the microphone over to Santillan, who had to leave the room before making her statement. She then came back and spoke through tears, Allred's arm around her.

Santillan said she asked Whitman for help in finding an immigration attorney in June 2009, and explained to her that she moved from Mexico because she had "no job, no food, no place to live, and for that reason we made a decision to move here."

Whitman terminated her not long after she made the appeal, Santillan said, telling her, "don't say anything to my children, I will tell them you already have a new job and that you want to go to school and from now on, you don't know me and I don't know you. You never have seen me, and I have never seen you. Do you understand me?"

Whitman "treat me as if I was not a human being," Santillan added, suggesting the candidate was "throwing me away like a piece of garbage."

"I know there are a lot of Megs out there who are mistreating the Nickys who work so hard for them," she said.

In the press conference, Allred referenced letters that came to the Whitman house concerning the fact that the social security number on file for Santillan was not valid, though she declined to discuss whether Santillan had provided a false social security number.

Allred also denied that the announcement was politically motivated and said she is "prepared to give you a document in support of our allegations," though she did not say what that document is. She said she would release the document if necessary after Whitman responds to the specifics of her claims.

She said Santillan did not leave her job despite the treatment from Whitman because Santillan did not believe she could find other employment.

"I am deeply worried about Nicky and her family," Whitman said in her statement. "I believe Nicky is being manipulated by Gloria Allred for political and financial purposes during the last few weeks of a hotly contested election. This is a shameful example of the politics of personal destruction practiced by people like Jerry Brown and Gloria Allred. The charges are without merit. I will continue to focus my campaign on the issues that the people of California want to hear about: jobs, education and fixing our broken budget system in Sacramento."

The press conference was held in Spanish as well as English, in an apparent attempt to drive coverage of Santillan's situation in the Spanish-language media. A Los Angeles Times poll yesterday found Democratic candidate Jerry Brown leading Whitman 49 percent to 44 percent in the California governor's race.

About one in five California voters are Latino. Registered voters who call themselves Latino favor Brown by 19 points over Whitman, who had made numerous direct appeals to Latino voters. 

"If Whitman considered Santillan a part of her extended family, completely washing her hands of Santillan after nine years upon hearing she was an undocumented worker can be perceived as an uncaring billionaire trying to avoid a housekeepergate situation as she considered running for public office," writes CBSNews.com's Dan Farber.

Critical Contests: Interactive Map with CBS News' Election 2010 Race Ratings

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Brian Montopoli is a political reporter for CBSNews.com. You can read more of his posts here. Follow Hotsheet on Facebook and Twitter.

[lauritabee]

What I find hilarious is that, amongst other things, she claims was taken advantage of because she made "just" $23.00 an hour. I am a US citizen and work in a law office. I make nowhere NEAR "just" $23.00 an hour.

[Show2n]

That Whitman is a chisler. Rich as she is, she couldn't hire Diaz full time? I bet she got 40 hours worth of work for 15. She couldn't even round it out to two eight-hour shifts. Diaz is not much better. She enables the Whitmans of the world.

[novemberwonder]

Miserable wage of $7? this illegal was making $23/hr - more than fair for housekeeping. Why should Meg Whitman give a criminal $100K or anything for that matter. The only thing I see Meg Whitman should have done differently is 1. Report her to Immigration and I.C.E. and Meg should have brought the whole situation to the light early on

[mimi91253]

Jon Stewart has the right idea about "restoring the sanity". Being disabled I've had time to become a political junkie and both sides have become crazy and now that the supreme court has let corporations donate boatloads of cash without knowing who donated it the only people who can win races are going to be filthy rich or people who owe everything to special interest. My problem with Whitman is while at Ebay her outsourcing all those jobs to India. I realize corporations are out to make money but what's happened to loyalty to the old USA?? As far as immigration that's way above my pay grade and obviously people who have supposed to be figuring out answers for a very long time. We have to remember we are all immigrants unless you are a Native Indian and we did our best to run them off of this land. I suspect that Whitman and the Brown campaign are both guilty. Whitman for her hipocracy and the Brown campaign for digging up the dirt at this "appropriate" time. RESTORE THE SANITY!!!

[char75]

Meg Whitman should go after Gloria Allred for defamation of character, Specially if Meg Whitman loses Nov,2

[char75]

Meg Whitman should go after Gloria Allred for defamation of character, Specially if Meg Whitman loses Nov,2

[noloyalisti]

No human being is illegal. We invited all of the Mexican and other immigrants in by giving them jobs (because no one else wants to work for these big corporate criminals) and destroying their economy by the big corporate-written "free-trade" agreements.

[jmca2009]

Yes, the immigrants are invited to apply LEGALLY for jobs, nobody told them to swim across the Rio Grande in the dark and forge documents. Many illegals work for small business or individuals (like a nanny) or Corporations, wherever there is a need.

[vpnj50]

Until illegal is accepted, as it is by Pre Obama,used many times in his speaches, pro illegals will not gain any ground for their cause. I don't know where the "WE" comes from as I and a large group of American citizens have not invited the "illegals". This country needs another "operation *******"

[bhs11]

Maybe this has already been said but if I went on television and admitted to commiting a crime there is no doubt that I would be arrested by the end of the day if not sooner.
I don't understand what she is crying about. She made more money per hour that most Americans and this is abuse?
Arrest her and send her back to Mexico-she gives all Mexicans a bad name!

[noloyalisti]

Deport Meg Whitman for being a rotten, arrogant waste of air. She is also part of the criminal enterprise of death, the Republican Tea Bag Party. We need to stop them before they kill again.

[gold18]

bhs11, 1st, No where in the US Constitution says that crossing the border without documents, is ILLEGAL.
2nd, Mrs. Whitman is not as intelligent as GEORGE BUSH,THE FORMER PRESIDENT OF USA. You see, Mr. Bush and his wife Barbara, had a HOUSE KEEPER AND A NANNY who, were illegally working for them. HE DID NOT FIRE ANY OF THEM. BUT MRS BARBARA BUSH, TAUGHT THEM ENGLISH, THE US CONSTITUTION, AND THEY BECAME NOT ONLY LEGAL US RESIDENTS, BUT THEY BECAME USA CITIZENS.
I THINK THAT IS BRILLIANT. THAT'S WHY I VOTED FOR HIM!!!!
MEGAN DOES NOT HAVE A ONE HUNDRED OF BUSH'S INTELLIGENCE. THAT'S A SHAME!!!

[DerkDiggler]

Is it NOT CLEAR citizens, this IS THE PROBLEM, people who want to be in government are creating the problem, THEY HIRE ILLEGALS. Not just Meg but millions of rich are doing this. While we fight with (1) vote they fight with billions of dollars and greed. Thank you MEG for exposing the trash you are. She should be locked up, MEG..

[sbechtel78]

When you are hiring someone and you are presented with legal documentation such as a driver's license and a social security card- what else do you use? The letter from social security they received is one that anyone who has a discrepancy, would receive - (could be a name change from marriage, divorce, etc -birthday error, anything)and specifically states that it has nothing to do with verifying status and if used as such, is a violation of the law. I read the whole document. Don't let partisan feelings interfere with the facts of this case - this looks more like dirty politics to me.

[novemberwonder]

I applaud Mrs Bush for at least teaching them English - but the wrong was there anyway - they were illegals. And what is it with these people who think it is everyone else's reponsibility to help criminals. The news is full of illegal immigrant advocate groups demanding rights and special treatment for law breakers. Why don't these groups encourage illegals to become citizens and to take responsibility for their own lives. No one helps me get up in the morning or encourages me to get a job or go to work on time or pay my bills. And no one gives me free, free, free. Oh poor law breakers.....you demand special treatment because you are illegal Mexicans but then cry racial profiling when anyone dares suspect that you illegal because you are Mexicans. Double standard I think.....if I moved to Mexico - legally or illegally I'm betting they won't provide everything for me free and with help in English.

[DerkDiggler]

DON'T VOTE FOR MEG WHITMAN, she's a scam artist. She's paying all the people who post positive things. If she can pay 127 Million dollars for ads do you think she'll pay for other things? She's EVIL

[classv59]

What a dope.