EmploymentQuestion 979 of 1605
After a worker complains about unpaid overtime, the employer threatens to report the worker to immigration authorities unless she drops the claim. Under California law, this threat is:
a.Unlawful retaliation that can trigger penalties and even license discipline
b.Only an ethics issue, not a legal one
c.A permissible negotiating tactic
d.Legal if the worker is actually undocumented
Explanation
California law (including Labor Code §244 and related statutes) makes it unlawful to retaliate against an employee for exercising protected rights by threatening to report or reporting immigration status to authorities. Such threats can lead to civil penalties and, for licensed professionals, potential business-license discipline. A worker's actual status does not legalize the coercion.
Law Reference: Labor Code §244; retaliation via immigration threatsPractice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)