Asked in Employment Law and Probate

Q: Is a estate fiscally responsible for a deceased person's hiring of an undocumented immigrant for 10 years before dying?

The undocumented person took care of an elderly couple.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler

A: If there are unpaid wages, the undocumented work may seek reasonable wages from a State Department of Labor, Wage and hour Department. The Department of Labor may express concern, but is normally underfunded. An estate is normally responsible for any unpaid debts, but its unclear how the courts will act if the applicant was paid cash. It is unclear whether weekly or monthly payments may somehow appear on the Bank Statements.

Again, this is more of an employment law question that may require experience with law in the State where the employee was working within. A person normally does not work without payment unless they are working against their will. I strongly recommend an appointment with an attorney who handles employment law, since immigration has little to deal with it at this time.

The above is general information, not legal advice, and does not create an attorney client relationship.

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