Legal Question in Business Law in California

immigration and employment

I recently employed a young lady to work, but 10 days later I fired her because I learned that she gave me false information. She gave me false background information and soon clarified that she is an illegal immigrant. After I fired her, I was hit with a big lawsuit and spending every available penny to have legal counsel, and thus, so I couldn't pay her paycheck. But my company is recovering now and I will soon have the money for her. However, she is harrassing my family and I at my own home. I will have her paycheck in a month. So my question is what are my legal options? Can she be deported? Will I face criminal charges? Do I need to still pay her then? Can I ask for assistance from local authority?


Asked on 12/31/07, 6:12 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: immigration and employment

You have to pay the young woman for the time she worked. In fact, you were required to pay her on time and can be penalized by the state for failing to do so. Her immigration status has no bearing on these requirements, though it may make her reluctant to report you to the state.

Failing to pay on time is a civil violation and not a criminal one, so you should not be too worried about going to jail. She might accuse you of hiring her with the intent to cheat her and such charges could lead to prison time, but it sounds like the facts would not support her claim.

You have not said what she is doing to harass you and your family, so I don't know whether the local police will be willing or able to help. You can seek go to court to seek a restraining order against her if you want.

I don't know enough about immigration law to say how likely it is that she will be deported, but nothing you have said suggests to me that deporting her will be a priority.

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Answered on 12/31/07, 12:58 pm


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