Legal Question in Employment Law in California

So my dad is working " under the table" for a small market business. Now his boss is what we think taking "advantage" of him just because he is illigal. He is now taking away days and hours from his work days, and he also took away from his salary a whole dollar. Not only that but this guy is pretty much a crack head, that is always druged and does some wierd randon things when goes into his store. Like for example this. My dad feels like he cant say nothing or do nothing just because he is illigal and he doesnt wanna get fired because he has a family to raise and there is no work for him any where else.. so i was wondering is there any thing that my dad can legally do with out him getting caught up?


Asked on 2/10/10, 9:08 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

There are many employers out there who take advantage of undocumented workers, because they know the workers are afraid to complain. And while such treatment cannot be justified, your dad has few options. If he is not being paid at least minimum wage, he could complain to the Labor Board. But, simply reducing hours or cutting pay is not illegal, even for documented workers, as long as minimum wage is complied with.

Much as he might need this job, if your dad is subjected to unbearable treatment, he should try to find other work. But as long as he remains undocumented, he will continue to be a target for unscrupulous employers who will take advantage.

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Answered on 2/16/10, 11:36 am


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