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Discrimination at work against immigrants?

Torrance, CA |

If lack of non-immigrant being employed in my prior role (manager did not hire me) - coupled with unwillingness to give equal right to you - will it constitute discrimination against immigrant?

It occurred to me following this article:
http://www.huffingtonpost.com/2013/06/27/macys-immigrants_n_3511324.html

But I was not asked for documentation nor I was not let go on the basis of this - but manager conspired and implemented "constructive discharge"

Attorney Answers 7

Posted

It is hard for me to answer rhetorical questions. Try to talk specifics to a labor lawyer.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Huh? Not sure what you're asking.

Recommend you meet with a civil rights attorney in your area.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

Please consult with a labor attorney familiar with workplace discrimination law.

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Posted

Your post doesn't provide any substantive information as to why you believe you were the victim of unlawful discrimination on the basis of your being an immigrant. You need to consult with an employment law attorney and be prepared to provide facts regarding what occurred so he or she can evaluate whether there is any basis to pursue an action on your behalf. Here’s a link to the California Employment Lawyers Association website where you can search for an employment law attorney in your area

http://www.cela.org/

THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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Posted

You should consult an employment law attorney to assess your situation.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

In California, an undocumented worker can still recover for discrimination or constructive discharge. However, they cannot recover future lost wages due to federal law.

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2 comments

Huy Ngoc Tran

Huy Ngoc Tran

Posted

Is this set in stone? I believed that this issue is on appeal in the Sierra Chemical case correct?

Brad S Kane

Brad S Kane

Posted

My view is supported by other prior Court of Appeal decisions. The Sierra Chemical case holds the employee cannot bring any claim due unclean hands and after acquired evidence, if the employee was an undocumented worker. The California Supreme Court cas summary states: Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issues: Did the trial court err in dismissing plaintiff's claims under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) on grounds of after-acquired evidence and unclean hands, based on plaintiff's use of false documentation to obtain employment in the first instance? Did Senate Bill No. 1818 (2001-2002 Reg. Session) preclude application of those doctrines in this case? (See Civ. Code, § 3339; Gov. Code, § 7285; Health & Saf. Code, § 24000; Lab. Code, § 1171.5.)

Posted

It is against the law for an employer to refuse to hire someone who has the right to work if the refusal is based on the person's national origin or race. If you are an immigrant and you have the legal right to work (i.e., you have the proper immigration paperwork) you cannot be discriminated against based on your lack of citizenship unless you are working in certain industries where statutory exceptions exist to the above general rule, like the national defense industries, government jobs or law enforcement.

You really should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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