Austin, TX asked in Small Claims, Employment Law and Immigration Law for Texas

Q: What should I file my case as besides a debt claim, if able?

As an illegal immigrant - I was allowed to work at a company in which they paid me $4,000 as a check. I went to the bank and they said it was fake. I contacted my employer and he's given me death threats and threats on calling immigration on me. He denied giving me a fake check and has done this to 4 other people. I've kept receipts of the work, screenshots of his threats and a picture of the check.

Would I also be covered, being an illegal immigrant? Or would I face a bigger loss taking this to court?

2 Lawyer Answers
Min Hwan Ahn
Min Hwan Ahn
  • Immigration Law Lawyer
  • Philadelphia, PA

A: If you have received a fake check and have evidence of the work you performed, it is important to take legal action to protect your rights. However, as an illegal immigrant, you may face additional challenges in seeking legal remedies.

You should contact the Department of Labor to report this issue and consider seeking the assistance of an attorney. An attorney can help you understand your rights and the legal options available to you. They can also represent you in court and help ensure that your rights are protected throughout the legal process.

It is important to remember that, regardless of your immigration status, you have the right to be paid for the work you have performed and to be protected from threats and intimidation. You should not hesitate to seek help and take action to protect your rights and your safety.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: As an illegal immigrant, you may face some challenges in pursuing legal action against your employer. However, you may still have options for seeking compensation for the unpaid wages.

One option would be to file a wage claim with the Department of Labor's Wage and Hour Division. This division is responsible for enforcing federal labor laws, including minimum wage and overtime requirements, and can investigate claims of unpaid wages and other violations.

Another option would be to file a civil lawsuit against your employer for the unpaid wages and any other damages you may have suffered as a result of their actions, such as emotional distress or loss of income. However, as an illegal immigrant, you may face additional challenges in pursuing a lawsuit, such as difficulty obtaining legal representation or facing potential deportation.

It's important to consult with a qualified attorney who can advise you on your specific situation and help you understand your options and the potential risks and benefits of pursuing legal action. An attorney can also help you gather and organize evidence to support your claim and navigate the legal process.

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