Immigrant workers in Texas—whether they are documented or undocumented—have rights in the workplace, including protection against retaliation. Employers are not lawfully empowered to punish workers for reporting labor violations, filing complaints or otherwise exercising their legal rights.
Federal and state laws ensure that immigrant workers are safeguarded from unfair treatment, regardless of their immigration status. However, unlawful retaliation does still occur at time. Retaliation happens when an employer takes negative action against a worker for asserting their legal rights. This can include:
- Firing or demoting a worker after they report unsafe working conditions
- Reducing work hours or pay as punishment for speaking up about wage theft
- Threatening to report a worker’s immigration status to intimidate them
- Harassing or creating a hostile work environment to discourage complaints
Although these kinds of misconduct do occur, it is worth repeating that employers cannot lawfully use immigration status as a weapon to silence workers from standing up for fair treatment. When they do,
those who are harmed have legal options available to them.
Taking action
If you believe your employer has unlawfully retaliated against you, it’s important to document everything. Keep records of threats, terminations, pay cuts, etc. You may benefit from showing this documentation to an experienced legal team. The current political environment is a precarious one for many immigrants. Therefore, it is arguably more important than ever to seek legal counsel before exercising your rights and seeking justice.
All workers—regardless of immigration status—have the right to a safe workplace, fair pay and protection from employer retaliation. If you are an immigrant worker facing threats or punishment for standing up for your rights, you have legal options. It’s simply important to pursue them thoughtfully in order to better protect your interests as your situation evolves.