Immigration-Related Retaliation in the Workplace  

In California, there are protections for workers facing immigration-related retaliation

Read this fact sheet to learn about your rights when you are facing retaliation based on your immigration status. 

Disclaimer: this fact sheet is intended to provide up-to-date and helpful information about your legal rights as a worker facing immigration-related retaliation in California. But before confronting your employer about your workplace concerns or taking any actions against your employer, consult with an immigration attorney to understand if there could be any immigration consequences.

What is immigration-related retaliation?

Retaliation takes place when your employer takes some action against you, or threatens to do so, after you assert your rights or organize collectively with your co-workers to advocate for better working conditions.  Where employers attempt to use an employee’s lack of immigration status against them as a means of retaliation, the consequences of that retaliation can be extremely serious.

Regardless of your immigration status, you have a right to raise workplace concerns and assert your rights in the workplace.

Examples of immigration-related retaliation:

  • Reporting as retaliation: Reporting or threatening to report you to immigration authorities after you assert their rights.
  • Unlawful re-verification as retaliation: If you assert your rights and your employer then asks you to fill out a new I-9 form or otherwise re-verify your work authorization, this may be unlawful.
  • Denying your request to update your SSN: Threatening you after you ask to update your Social Security number (SSN).As a California worker, you have a right to update your SSN after it has changed.
  • Other forms of retaliation: Retaliation can also include harassment, changing your duties or shift, demoting or firing you, or reducing your hours or pay. To learn more about retaliation in general, see our fact sheet here.

Note: in some cases, an employer is permitted to require you to complete a new Form I-9. These situations include:

  • Department of Homeland Security I-9 audits, or a company self-audit where all employees are required to provide updated Form I-9s.
  • If your employment authorization expires, or if your employer learns (not suspects) that you lack work authorization.

What should I do if I am facing immigration-related retaliation?

1. Prepare ahead of time.

If you are afraid that your employer has already contacted immigration officials and you are fearful that immigration will come to your workplace because of that, be sure to read our fact sheet on workplace raids and audits.  Also connect with family, community, and local rapid response networks.

2. Document everything.

Save every email, text, and letter from your employer, especially those that might indicate they are retaliating against or threatening you. Take notes about the situation and write down as many details as possible, including the dates of the threats and incidents. Bring these documents and notes with you if you decide to meet with an attorney, as they will help you build your case.

3. Set up an intake with LAAW or another legal provider.

Contact our Workers’ Rights Clinic by calling 415-404-9093. If you want to discuss your specific immigration concerns, locate and contact an immigration legal service provider here.

4. Additional resources:

5. Know your Options!

If your employer retaliates against you for asserting your workplace rights, you can file a legal claim against your employer, and a government agency can investigate and penalize your employer for its behavior.  

At this time, we would not advise workers who have faced immigration-related retaliation to file retaliation claims with a federal government agency. Instead, depending on the workplace right you were exercising, you may file a complaint with the California Civil Rights Department (discrimination, harassment, or retaliation) or the California Labor Commissioner’ (nonpayment or reduction of wages, hours, or termination, or retaliation). You can also sue your employer in court.  If you are undocumented, please see our fact sheet which outlines some risks of filing a claim against your employer.

Be sure to consult an immigration attorney to understand which option makes the most sense, considering the risks and benefits of each.  Also, there are some forms of protection under immigration law that may benefit you, including nonimmigrant visas. To find an immigration attorney, see the American Immigration Lawyers Association’s Immigration Lawyer Search service and the National Immigration Legal Services Directory.

6. Consider acting collectively.

If other workers are also facing immigration-retaliation issues, consider bringing a claim or asserting your rights together. Such collective action might reduce risks of retaliation if enough people come forward.

What consequences will my employer face for retaliating against me related to my immigration status?

1. Employers might be subject to money damages and fees.

If your employer makes threats related to your immigration status because you asserted your workplace rights, this is breaking the law. Immigrant workers who are facing retaliation because of their immigration status can sue their employer for the harms caused, which may include monetary loss. In some cases, your employer might have to pay an additional fine of up to $10,000.

2. Their business license may be taken away.

In California, an employer who threatens an immigrant worker based on their immigration status may lose its business license.

If an employer has an attorney who also participates in the employer’s retaliation, they might be suspended or lose their law license for their actions.

Additional Resources

U.S. Department of Labor: “Retaliation”

(Last updated March 7. 2025)