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Can an employer disclose my immigration status if I file a claim for unpaid wages?

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415.925.5161

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.

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Client testimonials

I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.

Roger J.

This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.

Shanic M.

I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.

Ebi Z.

I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.

Peter S.

I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.

Husain N.

I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.

Kyle B.