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:
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"
It is hard for me to answer rhetorical questions. Try to talk specifics to a labor lawyer.
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Huh? Not sure what you're asking.
Recommend you meet with a civil rights attorney in your area.
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Please consult with a labor attorney familiar with workplace discrimination law.
State, Local, and Municipal Law Attorney
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
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You should consult an employment law attorney to assess your situation.
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In California, an undocumented worker can still recover for discrimination or constructive discharge. However, they cannot recover future lost wages due to federal law.
Employment / Labor Attorney
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.
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