Work without residency

[Fabio J. Guzman]

You can sue your employer despite the fact that you're an illegal alien. Labor courts have allowed it for years.

[windeguy]

You can sue your employer despite the fact that you're an illegal alien. Labor courts have allowed it for years.

Under the new immigration regulations, should not the worker be deported and the employer fined?

[PICHARDO]

Can a person without residency that is working demand the company where he is working?

I

Yes he can!

[belmont]

Under the new immigration regulations, should not the worker be deported and the employer fined?

There is no requirement that requires the Labor Department to report to the Immigration Department. It was set up this way to prevent employers from taking advantage of aliens who wiuld be afraid to report unlawful work practices. The theory being, if illegals could be employed for less without fear of reporting, it would encourage illegal hiring at the detriment of legal employees.

[PICHARDO]

There is no requirement that requires the Labor Department to report to the Immigration Department. It was set up this way to prevent employers from taking advantage of aliens who wiuld be afraid to report unlawful work practices. The theory being, if illegals could be employed for less without fear of reporting, it would encourage illegal hiring at the detriment of legal employees.

Sadly mot undocumented Haitians still think otherwise they'll get deported if they go to the labor department. Heck! They even have Kreyol translators on staff!

[windeguy]

Sadly mot undocumented Haitians still think otherwise they'll get deported if they go to the labor department. Heck! They even have Kreyol translators on staff!

Too many people wanting cheap labor, eh? Another case of the government at odds with itself based upon corrupted policy.

[PICHARDO]

Too many people wanting cheap labor, eh? Another case of the government at odds with itself based upon corrupted policy.

??? Seems like I don't get you point!?

I think this policy is the correct one as it places the burden and penalty onto the employer and not the employee, be him illegal as it may as well happen to be.

Once you remove the negative to the worker, you accomplish what you want.

The gov has never arrested and deported a Haitian that goes to file a claim to the labor department based on this!

In fact, the reverse happens! They provide them a case number and temporary protection from any immigration action while their case vents in court.

[Contango]

I thought to "sue" as an non resident you need a Million Dollar Bond? So you are assuming the Worker is a RESIDENT?

[Derfish]

Nor should the employer be employing him. Let the chips fall where they may. The Labor Code and Labor Board are blind to immigration status in employment matters.

THat is as labor boards should be. I've seen so many illegals screwed inthe USA because they know there is no one looking out for them.

[PICHARDO]

I thought to "sue" as an non resident you need a Million Dollar Bond? So you are assuming the Worker is a RESIDENT?

To bring a civil suit you need to post a certain financial bond when not a resident or citizen of the country in order to cover any damages should the demand prove unfounded and malicious in nature. A claim filed to labor on the abuses registered or not from an illegal employee is not a civil case, but a matter or the labor code and followed using such channels.

It's simple enough for the employee to present their case to labor and provide a minimal set of proof to support their claim for this to start. In this case it's the labor and not the employee the one seeking adherence to the labor code for the sake of the employee and Law at the same time from the employer. That's why they consider residency not a matter or importance to file the claim on behalf of the employee.