Fresno, CA asked in Employment Law, Gov & Administrative Law and Public Benefits for California

Q: Is it legal in the US (California) for an employer to willfully allow undocumented workers to use someone else’s social?

Is it legal for an employer to knowingly allow employees to use someone else’s social, someone who has never step foot or worked for the employer, and have them on payroll? No, the employer isn’t sponsoring the current undocumented workers either.

Can someone provide me with actual citations or some sort of references as to what makes it legal or illegal.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Yes it is illegal for an employer to knowingly employ those without the legal right to work in the US. However, you have no standing to bring a legal action. The law is to be enforced by Immigration/Homeland Security. The law is found in the Immigration laws, specifically the IRCA.

The best you can do it report a violation to the authorities.

Good luck to you.

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