Concord, CA asked in Employment Law and Immigration Law for California

Q: I have a friend whose from Spain and he was brought over by them to work here but things aren’t working out and he would

Like to stay here, so he’s done officially in two weeks and his boss is threatening to report him to go back? What are his options and is this legal? Nothing on the contract says him to go back, also when he was a j1 worker prior he has stubs of them not paying him ot hours and no records of taking breaks. Please help

2 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: If your friend was not paid wages, he can still legally collect them. He should speak with an employment lawyer. Most provide free consultations.

You would have to ask an immigration lawyer whether your friend can legally stay and work in the U.S.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Two different kinds of lawyers are needed to address your questions. The wages and breaks issues are handled by an employment law attorney. The issue of him staying here would have to be addressed to an immigration law attorney. It would be wise for your friend to locate and consult with both in the very near future.

Good luck to both of you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.