Legal Question in Employment Law in California
Helping is Just Not The Same
My husband and I have a small business -- his niece came from El Salvador; while she was living with us at home she asked if she could help us in the office and we let her help. She moved away and I asked her to please not comeback, because we could not count with her and she is illegal in this country as she was seeking for us to pay her a salary. We explained that we cannot afford to pay her nor should we even hire her under those circumstances. Now, she is calling the office, harrasing us, and threating us that she will sue for firing her; she also stated that we would be better off if we give her some type of monetary hush compensation. Can she do that when we never hired her????? We don't believe to have done something wrong..Please HELP.
3 Answers from Attorneys
Re: Helping is Just Not The Same
While I don't disagree with the prior posts, if she did work for you she is entitled to at least the minimum wage ($6.75 per hour) for all hours actually worked. She can make a claim for wages and perhaps penalties even though she is illegal. A considered approach may be to calculate the potential wages and penalties that may be due and approach her with a check and release of all claims. If she refuses to sign the release, you still have an obligation to pay any wages that are due.
Re: Helping is Just Not The Same
do not give in and pay her for something you did not do. Even if you give her money, she will still file a frivolous charge or lawsuit anyway. Tell her to go fly a kite.
Re: Helping is Just Not The Same
She has no basis for filing a lawsuit. An employer is entitled to fire anyone at any time, except for illegal reasons or if there's a contract for a set period of time, in general. She might make a claim with the labor board; however, she was never on payroll nor is she here legally, so she would be endangering her "visit" to this country.
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