What happens if you hire an illegal immigrant

If you are found to have knowingly or negligently hired undocumented employees to work for your company, you could face severe civil and criminal penalties. You are also at risk if you discover that an employee is not authorized to work in the US and you continue their employment. Becoming a multiple-offender severely compounds the potential penalties.

Additionally, knowingly hiring undocumented immigrants on more than one occasion may demonstrate a pattern of illicit hiring activity that puts you at risk for criminal penalties. Employers can also be held responsible if they utilize contractors who hire undocumented immigrants. There are no legal avenues for hiring an undocumented worker currently in the United States.

The worker must be in legal status or outside of the country. With a few exceptions, undocumented workers enjoy all of the legal rights and remedies provided by both Federal and California law. The CDSS has selected twelve non-profit organizations across the state to help individuals apply for and receive these disaster relief funds. Legal Aid at Work is not one of the designated non-profits. To do so, they should contact the nonprofit organization assigned to their county of residence.

Applicants will be considered on a first come, first served basis. For more information on some of those programs, see questions 5 and below. Private organizations and foundations have also created emergency relief funds for undocumented workers. Undocumented workers generally have the same wage and hour rights as other workers.

Thus, the same Federal and California wage and hour laws that apply to authorized workers generally apply to persons working without legal immigration status. These laws establish your right to minimum wage, overtime pay, breaks, tips, and other forms of wages. You can also contact the U. Department of Labor DOL. Neither of these agencies should question you about your immigration status, or report your lack of status if it is somehow revealed. For further information, see our Pay and Hours Fact Sheets.

However, undocumented employees may not be eligible for some job retraining benefits. If your claim is approved, you may be entitled to reasonable medical expenses, disability benefits, and rehabilitation benefits. Health and safety laws protect all employees regardless of their immigration status.

Therefore, undocumented workers have rights to information regarding their health and safety rights. They have the right to refuse unsafe work if they reasonably believe it would create a real and apparent hazard to them or their co-workers. The agency will then investigate for health and safety violations and your employer may be forced to stop its illegal practices. If your employer violates the NLRA by retaliating against you for your union activity or by committing another unlawful labor practice, however, your remedies will be limited because of your immigration status.

Also, you will not be able to get your job back because, as an undocumented worker, you do not have legal work authorization.

The NLRB should not question you about your immigration status or report your immigration status if it is somehow revealed.

Therefore, undocumented workers normally cannot collect unemployment insurance. The California State Disability Insurance SDI system is funded by employee contributions and is designed to protect unemployed and disabled persons against loss of wages when they are unable to perform their normal work because of illness or injury. Employees, including undocumented employees, have the right to benefit from the money they have contributed.

Undocumented workers who have suffered from a non-work related disability, and who have paid into the state disability system, may be entitled to receive at least as much as they put into the system. For example, consider an undocumented worker who loses her job and becomes too depressed to work as a result: She does not qualify for Unemployment Insurance because she is undocumented.

But she may qualify for SDI. Note that workers need proof of their medical condition from a doctor to qualify for SDI. To determine if you have paid into the system, you should look to see if SDI insurance was deducted from your pay stub. If you were paid in cash and not given a pay stub, then you probably are not eligible for SDI because it is unlikely that any deductions were made from your wages.

Per Florida Statute If an employer has been previously convicted of hiring an illegal immigrant and is convicted a second time, the charge changes from a noncriminal violation to a misdemeanor of the second degree. A misdemeanor is a criminal offense and under Florida Statute, can be punishable by up to one year of incarceration. Any further convictions of employing illegal immigrants will be evaluated on a per worker basis.

Each situation is different, but anyone facing the penalties of hiring an illegal immigrant is advised to contact a St. Petersburg construction lawyer for help. If you suspect one of your employees is not a legal citizen, it is better to call for advice than risk the possible penalties.