In New York, all workers are entitled to certain protections regardless of their immigration status. Federal law also prohibits discrimination in employment based on citizenship or immigration status. As a result, if you believe that you were fired because of your immigration status, it will be worth talking to a New York employment lawyer about your legal rights.
Protections for Employees in New York Who Are Non-U.S. Citizens
Protections related to immigration status exist under both state and federal law. Among other protections, employers are generally prohibited from making employment-related decisions based on their employees’ immigration status. This includes decisions regarding termination. Here are some examples of what state and federal authorities have to say about non-U.S. citizens’ legal rights:
- “Employers cannot discriminate when hiring, firing, or recruiting because of someone’s citizenship, immigration status or type of employment authorization. U.S. citizens, noncitizen nationals, asylees, refugees, and recent permanent residents are protected from this type of discrimination.” – U.S. Citizenship and Immigration Services (USCIS)
- “The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual’s citizenship or immigration status.” – U.S. Equal Employment Opportunity Commission (EEOC)
- “Under New York law, employers cannot harass or discriminate against workers based on race, national origin, citizenship, or immigration status.” – New York Attorney General’s Office
Firing an employee because of the employee’s immigration status is a form of prohibited employment discrimination. State and federal laws also prohibit employers from retaliating against employees who are non-U.S. citizens based on their efforts to stand up for their legal rights.
Employers Can Face Penalties for Employing Undocumented Workers
At the same time, however, employers can face steep penalties for employing undocumented workers. Under federal law, employers are required to verify prospective employees’ eligibility to work in the United States, and they are allowed to periodically re-verify their employees’ work eligibility in order to ensure that they remain in compliance with the law.
But, even in this scenario, employers must still avoid making employment-related decisions on a discriminatory basis. For example, if your employer singled you out because of your race or nationality, you could potentially have a discrimination claim. This is a complicated—and potentially high-risk—scenario, so we strongly recommend consulting with a New York employment lawyer who can help you make informed decisions.
Employers Can Face Liability for Making Employment Decisions Based on Immigration Status
Outside of the scenario in which an employer lawfully fires an undocumented worker, employers in New York can face liability for making employment decisions based on their employees’ immigration status. This includes, but is not limited to, treating an employee differently based on the employee’s:
- Visa status (including both immigrant and non-immigrant visa status)
- Lawful permanent resident (green card) status
- Citizenship application status
- Refugee or asylum status
- Temporary protected status or Deferred Action for Childhood Arrival (DACA) status
Even if an employer claims to have an alternate justification for firing a non-U.S. citizen, if the true reason for firing the employee is the employee’s immigration status, the employer can still face liability under state and federal law. This is referred to as a “pretext,” and pretexts do not excuse discriminatory firings.
Potential Remedies in Cases Involving Discrimination Based on Immigration Status
The remedies that are available in cases involving discrimination based on immigration status are generally the same as those that are available in other cases involving wrongful termination. This means that workers who have been fired because of their immigration status can seek both reinstatement and financial compensation. Of course, whether you want to seek reinstatement is up to you—and, in many cases, victims of wrongful termination will focus exclusively on seeking compensation for their lost earnings and other losses.
What To Do if You Believe You Were Fired Because of Your Immigration Status in New York
With all of this in mind, if you believe that you were (or may have been) fired because of your immigration status in New York, there are some important steps you should try to take promptly. These steps include:
1. Gather All Relevant Documentation
You should do your best to gather all relevant documentation. This includes documentation related to your employment and termination, as well as documentation of your immigration status if you are (or were) lawfully in the United States. If you have copies of any communications that you believe support your discrimination claim, you should keep these as well. All of these will be important for proving your legal rights if you have a discrimination claim against your former employer.
2. Take Detailed Notes
Along with doing your best to gather all relevant documentation, you should also take detailed notes. You should write down everything you can remember about your firing and any additional details that you think may support your claim for immigration-based discrimination. For example, if you were fired without an explanation but your former coworkers who are U.S. citizens were not, this is a fact that your New York employment lawyer will want to know.
3. Schedule a Free and Confidential Consultation
Making informed decisions and taking legal action in this scenario requires experienced legal representation. While employees’ legal rights in New York are clear, asserting your legal rights effectively can be challenging. An experienced New York employment lawyer will be able to guide you forward and take appropriate legal action on your behalf—and you can get started with a free and confidential consultation.
Schedule a Free and Confidential Consultation at Bell Law Group
At Bell Law Group, we are passionate about helping all workers in New York protect their legal rights. If you have questions about filing a wrongful termination claim related to your immigration status, we strongly encourage you to get in touch. To schedule a free and confidential consultation as soon as possible, please call 516-280-3008 or tell us how we can contact you online now.
