Employment Rights of Undocumented Workers
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As an undocumented worker, you have to deal with the knowledge that you are not lawfully allowed to work or be present in the U.S., and that you might face consequences, such as criminal charges or deportation, if you are identified as an undocumented worker by immigration authorities. However, you may not realize that, the employment rights of undocumented workers are secure, and that you may enjoy many of the same rights and benefits that are afforded to employees lawfully authorized to work in the U.S.
If you have questions about your employment rights or how to seek enforcement of your rights under federal and state law, turn to the attorneys of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC. We firmly believe that you shouldn’t have to forego your rights simply due to your undocumented status. Our experienced lawyers can help you navigate the delicate process of asserting your rights under employment law while protecting yourself and your interests and future due to your undocumented status.
Even as an undocumented worker, you have rights under state and federal labor laws. Contact us today for a free case evaluation if you believe that your employer may be denying you your rights. We can help you advocate for your interests.
In New Jersey, an undocumented worker enjoys most of the same employment rights under state and federal law that any other authorized worker is entitled to. These rights can include:
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You also have the right to be free from retaliation by your employer in the event you choose to exercise any of your rights under state and federal employment law. This means that your employer cannot terminate you, demote you, reduce your pay, assign you to less desirable tasks, or even report your undocumented status to immigration officials, simply because you attempted to exercise your employment rights.
However, exercising your employment rights as an undocumented worker can be a complicated matter, since you don’t have the legal right to be employed in the U.S. in the first place. This can complicate recovering lost wages in a wage and hour, workers’ compensation, or retaliation/wrongful termination claim. In addition, your employer is legally required to terminate your employment upon learning of your lack of work authorization, which can make it hard to prove that you were retaliated against or wrongfully terminated for exercising your employment rights.
If you are an undocumented worker and believe you are not being afforded certain rights by your employer, let our compassionate legal team advocate on your behalf. We can help you:
We understand how difficult it can be for you to seek to enforce your employment rights as an undocumented worker. Our attorneys will take the time to sit down with you to walk you through your legal rights and options and the potential benefits and consequences of pursuing a claim to assert your employment rights.
Although it is not lawful for an undocumented worker to work in the U.S., undocumented workers are still entitled to many rights and benefits afforded to all workers under state and federal law. If you are an undocumented worker and believe your employer may be violating your rights, contact Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC today for a free case review to discuss your legal rights and options.
If you were terminated from your job because you attempted to assert your rights under state or federal employment laws, such as filing a workers’ compensation claim or complaining about harassment or discrimination, you may have a wrongful termination claim. Although employers are required to terminate employees once the employer discovers the employee’s lack of work authorization, an employer cannot use undocumented status as a pretext to terminate an employee in retaliation for that employee’s exercise of their legal rights.
Unfortunately, filing an employment law claim does expose you to the risk of deportation. Your employer may attempt to retaliate against you by reporting your undocumented status to immigration officials. Although it is illegal for an employer to retaliate against you for bringing a labor claim by reporting you to immigration officers, that unfortunately cannot stop those immigration officers from following up on your employer’s report and taking action against you, including deportation.