When accidents happen, injured victims often cannot work for a while as they need time to rest and recover. In other situations, shady employers might withhold earnings for arbitrary or unlawful reasons or have no plans to ever pay their workers. Immigrants tend to be vulnerable to this kind of exploitation, as they do not wish to take any action that might entangle them in the legal system.
If you lost wages because of an injury or because your employer refuses to pay you, you can sue even if you are an immigrant. Remember, being denied legal representation or the right to sue because of your immigration status is discrimination and illegal. Many immigrants sue because they were injured and cannot work for a while. Others sue because the people they work for refuse to pay them and are banking on the employee not taking the matter to court. If you are undocumented, you might be afraid of being deported if you initiate legal action. While deportation could be a risk under certain circumstances, it should not stand in the way of you getting the wages you deserve.
Get a free, private review of your case from our Westchester, NY personal injury attorney by calling The Martello Law Firm, PLLC at (914) 685-6950.
Suing for Lost Earnings and Wages as an Immigrant in NY
People who have immigrated to the United States sometimes assume that they do not have the same legal rights as U.S. citizens. While there are certain rights that are not extended to non-citizens, such as voting, immigrants do have the right to file a lawsuit for something like lost wages. Many immigrants are pressured by others, often the people responsible for their lost wages, into avoiding legal action because they believe it will lead to their removal from the country. This is not necessarily true, and you should speak to an attorney about your situation as soon as possible.
If you have previously tried to take legal action but were turned away because of your immigration status, you should report this to our White Plains, NY personal injury attorneys. Denying someone their right to sue based on their immigration status is considered discriminatory and unlawful.
Why Immigrants in NY Might Sue for Lost Wages
There are all sorts of reasons why an employee, immigrant or not, might lose wages. One very common reason is that the plaintiff experienced an accident and became injured, leaving them unable to work. For some, their inability to work is temporary, but they might still lose substantial income. For others, they might be unable to work indefinitely, and their lost wages might constitute a much larger sum.
Another unfortunately common factor in claims for lost wages, especially those filed by immigrant plaintiffs, is that an exploitative employer refuses to pay them wages for work already performed. This is not an unusual problem in immigrant communities. Sleazy employers often withhold wages simply because they know that the people working for them are too afraid of being deported to go to the authorities. Not only is this awful, but it is also inaccurate. Generally, immigrants are not subject to removal simply because they sue their employer for the wages they rightfully deserve.
Possible Legal Hurdles for Immigrants in NY Suing for Lost Wages
Are you present in the United States unlawfully or are you undocumented? If so, it might be illegal for you to hold a job in the first place. However, this issue must be balanced against the employer who might have knowingly employed undocumented workers with the intention of cheating them out of wages. Both actions are technically illegal, but to refuse an immigrant the right to sue for lost wages would also mean that employers are almost encouraged to exploit immigrant workers.
If you used falsified legal paperwork to secure a job, the court might be inclined to deny your claims for low wages since you were earning them under false and illegal pretenses. Even if you are undocumented, you may still be able to sue for lost wages if you did not use false documentation to secure the job.
In short, both workers and employers are bound by certain labor laws. In cases involving undocumented immigrants, both parties have violated some portion of the labor code. This can make determining whether an undocumented worker can claim lost wages very challenging, and you should speak to a lawyer.
Can an Immigrant Be Deported for Suing for Lost Wages in NY?
Generally, you should not face deportation or removal proceedings just because you file a lawsuit for lost wages, even if you are undocumented and technically subject to removal.
Suppose you are a documented immigrant who lawfully moved to the United States and have all the proper paperwork to prove it. In that case, you should not be in any danger of being deported or removed from the United States. However, if you are an undocumented worker, things might work a bit differently. Generally, attorneys and courts are not responsible for having people deported. This power belongs to the U.S. Immigration and Customs Enforcement (ICE).
The ICE tends to focus on people who present some sort of threat to the United States or national security. They also tend to focus on people who have committed crimes or are threats to public safety. If this does not sound like you, there is a good chance that the ICE will not come looking for you. On top of that, your case and immigration status might not even be reported to the ICE simply because you filed a lawsuit for lost wages.
Contact Our NY Persona Injury Attorneys for Help Now
Get a free, private review of your case from our Port Chester, NY personal injury attorney by calling The Martello Law Firm, PLLC at (914) 685-6950.
