Does my legal status prevents me from taking action against my employer

UPDATED: Oct 1, 2022

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Does my legal status prevents me from taking action against my employer

My records show that my employer has not
paid me properly.Iam owed a week’s pay
and the employer has no intention to pay

Asked on October 28, 2018 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are working here legally (e.g. on a visa or with a green card), you can take legal action against your employer for not being paid (either sue or bring a claim/complaint to the department of labor): the law enforces legal obligations, including to non-citizens. If you are not legally eligible to work, however, it is not clear that a court would be able to help you, since as a general matter, a court cannot order payment for something illegal (e.g. payment to someone who could not legally be paid wages or a salary in this country) and it is virtually certain that the department of labor would not assist you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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