Like many states, California depends on immigration for its economic growth. The California economy is made up of persons who are not documented as well as those who have green cards and visas. Particularly, illegal workers often take on the risky or challenging professions that Californians don’t want to do, such manual labor and positions in agriculture.
Being subject to an employer’s dangerous or unfair work practices is one of the most challenging parts of being an illegal immigrant working in the United States. For instance, your employer can deny you the breaks to which you are legally entitled, make you labor in the scorching sun, or even fail to pay you the minimum wage. The fact that your employer holds the ultimate trump card — your legal status — may make it seem difficult to challenge these practices.
Immigration-related workplace retaliation is a significant issue throughout California, as a California workplace retaliation attorney can explain. When an employer threatens an employee’s immigration status as retaliation for engaging in protected activity, such as filing a complaint with the California Labor Commission, reporting illegal activity, or even raising concerns about unfair employment practices or workplace safety, it is known as immigration retaliation.
Read on to learn more about this issue. If you have been the victim of immigration retaliation, there might be legal options for you. Contact an employment law attorney by calling PLBH at (800) 435-7542 for a free legal consultation.
Protected activities
Additional protected activities include bringing a lawsuit against your company, getting involved in politics, complaining about your low pay or unpaid earnings, using sick time to care for a relative, or taking time out of work to act as a witness or on a jury.
Illegal actions an employer might take part in
Employers cannot use “unfair immigration-related procedures” against staff members who take part in protected activities, according to California law. These techniques consist of threatening to report a worker to ICE, threatening to file a fictitious police report, requesting workers to provide paperwork that is not needed by California law, rejecting employee paperwork, even if they otherwise seem to be authentic, and misusing the e-verification process.
What to do if you have been the victim of immigration-based retaliation
If your employer partakes in any of these actions, they risk fines and/or legal action. You can lodge a complaint with the California Labor Commissioner’s Office if this occurs at your place of employment. With the assistance of a California workplace retaliation attorney, you can also bring legal action against your company. You might be entitled to compensation if your employer broke any rules outlined in the California Labor Code.
At PLBH, we defend individuals all throughout California who have been the victims of unlawful or unjust treatment by their employers. This applies to workers who are immigrants and whose employers have threatened them with deportation for speaking out against risky or unlawful behavior. Contact our office right now at (800) 435-7542 or info@plblaw.com to learn more about how we may assist or to arrange an appointment with a California workplace retaliation attorney.