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

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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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