Problem
Hoffman Plastics fired Jose Castro because he was supporting the efforts of union organizers. During NLRB hearings concerning his termination, Castro revealed for the first time that he was in the United States illegally. He had used false documents to obtain the job at Hoffman. Despite his illegal status, the NLRB found that Hoffman's retaliatory firing violated the NLRA and ordered the company to pay Castro $66,951 in back pay. Hoffman challenged the order in court. Should Hoffman have to pay?