An undocumented worker who is fired after claiming he isn’t being paid minimum wage can’t collect back pay after his discharge. That’s because illegal immigrants shouldn’t be working anyway.
Recent case: Esau, a car detailer, complained internally that he was being paid less than minimum wage and was fired shortly after.
He sued, alleging that his termination was retaliation for complaining.
The company said it shouldn’t be forced to pay Esau lost wages for the time after he was fired. The reason: He wasn’t legally eligible to work in the United States and therefore hadn’t lost any wages. The court agreed and dismissed the claim. (Mendoza v. Detail Solutions, No. 3:10-CV-2436, ND TX, 2012)
Final note: Generally, even undocumented workers must be paid for the work they did perform. Otherwise, there would be a perverse incentive to hire them.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/34275/undocumented-worker-claims-retaliation-no-back-pay "
- Overtime lawsuits rising: Don't become the latest target
- Workplace lexicon: Value-based insurance design
- How to ward off some class-action pay-bias suits: Grant managers limited discretion to set pay
- New workers' comp rules on medical peer reviews
- What are the pay rules when we have to close because of an emergency?