Legal Question in Business Law in California

Employing Illegal Immigrants

I have an accepted offer to purchase a small business in San Mateo County, CA, which employs about one dozen people. Through due dilligence I have discovered that two of the employees are undocumented, one of them being integral to the operations of the business. What are the legal implications of maintaining this employment? How should the offer to purchase be altered if it is necessary to fire this employee? This employee has been with the firm for 8 years+ and all taxes and Social Security benefits have been paid.


Asked on 5/21/08, 12:19 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Employing Illegal Immigrants

A lawyer can't advocate breaking the law. Buying a company and continuing to employ known undocumented employees would be just that.

My suggestion for an immediate and free starting point would be to ask another LawGuru question, this time under the topic heading of Immigration Law. I assume we have such a topic; I don't participate in it. Ask about legalizing the guys.

I do know a tiny bit about the topic, enough to know that there are special visas that allow people with critical skills to enter the country and work legally. An immigration spacialist could tell you, more or less, your chances of getting such a visa, how long it would take, and what it would cost. He or she could also inform you of the risks and costs of being caught with an "illegal" on your payroll.

With this information, you could make a better-informed decision, which might include making part of the purchase price contingent upon getting one or both employees visaed within X or Y months.

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Answered on 5/21/08, 12:38 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Employing Illegal Immigrants

What attorney Whipple said is spot on, I might add that it appears your prospective employee might be committing identity theft if he's using a bogus SSN -- they vigorously prosecute such cases and he'll get a stretch in federal prison in addition to being deported.

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Answered on 5/21/08, 12:56 pm


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