You work hard on a construction site in Maspeth or clean offices in Manhattan. Your boss pays in cash, you don’t have a Green Card, so you think: “Stay quiet, or you’ll get deported.” This is the most common lie that immigrants hear. New York labor law protects every employee, regardless of status.
1. No papers doesn’t mean no rights
New York courts (state and federal) do not ask about your immigration status when you fight for your earnings. To a judge, you matter as an employee who performed work and did not receive payment. Your illegal employment does not justify your employer stealing your wages.
2. Cash is also evidence
Does your boss think that if there are no checks, there’s no trace? You’re wrong. As evidence in court, you can use:
- Your notes in a calendar (write down the hours every day!).
- Text messages and emails from your boss.
- Photos from the workplace.
- Testimony from coworkers (even anonymous ones).
3. You can go back as far as 6 years
In New York State, the statute of limitations for wage claims is 6 years. Even if you quit a year ago and your boss owes you money for overtime from 2020 – you can still recover it.
4. Company bankruptcy is not the end
A common trick: the company declares bankruptcy or changes its name to avoid paying. An experienced lawyer knows how to pierce the so-called “corporate veil” and pursue the owner’s private assets.
Don’t let yourself be intimidated. If you feel you are being cheated on your hours, [INTERNAL LINK: contact us].
