QUESTION
How can employment law be threatening with immigration?
Asked on Feb 20th, 2013 on Labor and Employment - California
More details to this question:
My husband worked for a senior day care provider. He gave his notice but then had problems getting his last paycheck. When he kept asking, his employer threatened US with calling immigration (He's legal!) and also slandered my husband (told lies about inappropriateness at work). We both think this is in retribution to 1) asking about 1099 contractor vs employee 2) getting late and incomplete 1099 and 3) keep asking about his last paycheck. My husband has been nothing but professional but now it's time to seek legal help. Please advise if we should seek a lawyer. My guess is yes. I don't trust this woman. Filed this under Employment but it looks like it's also Immigration. Thank you!
6 ANSWERS
Rebecca T White
Given that he has lawful immigration status, you want to start with an employment lawyer. Good luck!
Answered on Feb 24th, 2013 at 9:31 AM
I do not understand your question. You may report any one for perceived immigration violations. If you have not received your final pay check, you may file a complaint with the US DEPT OF LABOR, WAGE & HOUR DIVISION However, if you were a true independent contractor, they may not have jurisdiction. You may file a suit against them, under the contract, for unpaid payments, just as any one else may sue for breach of any other contract.
Answered on Feb 24th, 2013 at 9:29 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Your husband has two ways to pursue this claim. The first is through the labor commissioner; the second is through small claims court. If your husband has not received his last paycheck, he is likely entitled to collect penalties pursuant to Labor Code Section 203. Your husband may well be correct that the day care provider misclassified him as an independent contractor instead of an employee. This is an issue that should be explored with a plaintiff-side employment lawyer and/or the California labor commissioner. California is now treating seriously any intentional misclassification of employees as independent contractors. If your husband was misclassified, he may have additional claims against his former employer. Best of luck to you and your husband.
Answered on Feb 24th, 2013 at 9:26 AM
David Glenn Spivak
it's illegal to retaliate against someone for seeking wages earned and unpaid. Also, immigration status has no bearing on wages earned and unpaid. He should seek legal advice.
Answered on Feb 24th, 2013 at 9:24 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you should counsel with an attorney. It appears the employer is trying to make excuses for not paying what is due, call my office for an appointment or another attorney.
Answered on Feb 24th, 2013 at 9:23 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If your husband is here legally (green card or U.S. citizen), then this is an employment issue. I suggest that you contact an experienced employment law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Feb 23rd, 2013 at 5:55 PM