When Employers Use Immigration Threats to Hide Wage Theft
Immigrant workers face a dangerous new form of workplace retaliation that threatens both their livelihoods and their legal status. Employers increasingly use immigration threats as weapons to silence workers who report wage theft, creating a climate of fear that allows workplace violations to flourish unchecked.
Recent cases expose the severity of this growing problem. In Colorado, an employer followed through on deportation threats after a worker filed a wage theft claim, resulting in the worker’s removal from the country. This extreme retaliation represents a troubling escalation in employer tactics designed to suppress worker complaints.
“Unfortunately, this employer took action against him in retaliation where he called ICE and was able to send them back to his home in Latin America,” said Mayra Juárez-Denis, executive director of Centro de Los Trabajadores, a North Denver organization that protects worker rights.
Immigration Threats Create Widespread Fear
The current political climate has amplified the effectiveness of immigration-related threats as a form of worker retaliation. Colorado Attorney General Phil Weiser notes that threats to report workers to Immigration and Customs Enforcement “hold a lot more weight” due to heightened immigration enforcement concerns.
Worker advocacy groups report hearing about such threats with increasing frequency. These intimidation tactics extend beyond undocumented workers, targeting employees with legal status or documentation who speak up about workplace violations.
“Now we are hearing about this new retaliation tool from unscrupulous employers who want to instill fear in their workers,” Juárez-Denis explained. She described “a new atmosphere where there is fear to speak up if they take your wages away, if they don’t pay you because people are scared to speak.”
This fear-based approach allows employers to exploit vulnerable workers while avoiding accountability for wage theft and other workplace violations.
Legal Protections Shield Workers from Retaliation
Despite employer intimidation tactics, strong legal protections exist for workers who report wage theft. Under California and Colorado law, employers cannot threaten to report workers to any law enforcement organization, including ICE, in response to workers asserting their legal rights.
Anti-retaliation laws protect workers who engage in “protected activity,” which includes filing both formal and informal complaints about wage theft. These protections apply even when complaints are ultimately found to be incorrect.
The Department of Labor’s Wage and Hour Division provides additional safeguards for workers in specific visa programs. Under H-1B whistleblower protections, employers face penalties up to $5,000 per violation and potential two-year debarment for retaliating against workers who report violations.
Using a person’s immigration status to avoid payment of wages or prevent the exercise of labor rights violates state law in multiple jurisdictions. These violations carry serious consequences for employers who engage in such practices.
Taking Action Against Workplace Retaliation
Workers experiencing immigration threats or other forms of whistleblower retaliation should understand that help is available. Legal remedies for illegal retaliation can include reinstatement, back wages, and other appropriate relief determined by labor authorities.
If you have experienced retaliation, harassment, discrimination, or threats in the workplace, it is crucial to seek guidance from highly experienced employment law attorneys like those at Helmer Friedman LLP. With over 20 years of proven expertise and a strong track record of successful case outcomes, their team is dedicated to advocating for workers’ rights. They offer confidential consultations to evaluate the specifics of your situation and provide personalized legal strategies to help you achieve justice.
“We’re prepared to take action, and we want people to let us know if they’re hearing about these threats or these actual retaliatory steps because they’re illegal and they’re wrong,” Attorney General Weiser emphasized.
Workers should not allow fear of immigration consequences to prevent them from seeking justice for workplace violations. Legal protections exist specifically to shield workers from such retaliation, and enforcement agencies stand ready to hold employers accountable for illegal intimidation tactics.