Can an employer disclose my immigration status if I file a claim for unpaid wages?
Unfortunately, employers too often hang an employee’s immigration status over their head, keeping employees afraid of filing any type of claim against an employer. Under California law, employers cannot threaten to disclose a worker’s immigration status.
Immigrant employees are entitled to the same protections that citizen employers enjoy. This means that employers must provide all workers with a safe, discrimination-free workplace, where employees are fairly compensated for their work. If an employer tries to take advantage of an immigrant employee, they may be on the hook for damages above and beyond those related to the underlying employment law claim.
An employee’s immigration status is not likely to come up in an employment dispute, and an employer is legally prohibited from reporting – or threatening to report – an employee’s immigration status. Doing so constitutes retaliatory action.
Other Unpaid Wage, Overtime, Commission FAQs:
- Are computer programmers and tech workers exempt from overtime?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can salaried workers earn overtime in California?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- What is an exempt and non-exempt employee?
- What is the minimum wage in California?