Illegal Day Laborers have LEGAL recourse to recover unpaid wages (illegals, taxes)
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I have no respect for the unscrupulous employers of illegal aliens. I also do not believe in denying workers wages they have earned. However, when one is involved in illegal activity, being swindled and other unfortunate scenarios, is basically par for the course. Unethical conduct can be expected from unethical people.
Just because one is doing something illegal does not mean that they have no rights. For example, you are driving 45mph on a four lane street where the speed limit is 40mph. As you pass through an intersection, with the light green in your favor, someone runs through the red light and hits you. Your car is totaled, you have several broken bones, and a you spilled your coffee. The fact that you were speeding does not mean you surrender your legal rights. It may compromise and limit them, but not eliminate them, yes?
I have no respect for the unscrupulous employers of illegal aliens. I also do not believe in denying workers wages they have earned. However, when one is involved in illegal activity, being swindled and other unfortunate scenarios, is basically par for the course. Unethical conduct can be expected from unethical people.
I agree with Benicar completely, and would like to add that illegal employers deserve the harshest possible punishment for hiring illegal workers. $50K fine per illegal employee on a first offense, DOUBLED on a second AND add 6 months of jail time per illegal. Get caught a third time and lose your business lock, stock and barrel.
Just because one is doing something illegal does not mean that they have no rights. For example, you are driving 45mph on a four lane street where the speed limit is 40mph. As you pass through an intersection, with the light green in your favor, someone runs through the red light and hits you. Your car is totaled, you have several broken bones, and a you spilled your coffee. The fact that you were speeding does not mean you surrender your legal rights. It may compromise and limit them, but not eliminate them, yes?
You're right. Just because you aren't a legal resident of the United States doesn't mean that you can't sue in contract here if you are hired and never paid. An American could do the same thing in Mexico.
Illegality only kills a contracts if the illegality takes place within the contractual terms - for instance, two people form a contract to exchange money for the assassination of a public official. The substance of the contract itself is illegal, and the contract is not recognized by the law under what is called a "malum in se" ('intrinsic evil') doctrine. If the assassination was carried out, the assassin can't sue for nonpayment, because the law never recognized a contract to begin with.
A labor contract is not going to fall under these provisions. You have to remember that the legal status of the person you contract with is not an argument that can be used to either argue that no contract was formed, or that the contract was formed, but should be voided. The activity contracted for (labor) is not itself illegal, unlike prostitution or receipt of stolen goods, or anything like that. In fact, even if you had the laborer deported, he could technically sue you through a lawyer from Mexico, and obtain a court judgment against you. There is nothing in American contract law which makes court interpretation of contracts contingent on immigration status.
A related example would be child labor. Let's say you contract with an underaged minor to manufacture apparel in your factory. That's illegal, obviously. And in fact, the illegality kills the contract. BUT, the law makes sure that the child laborer can still sue you for the market value of that labor. The illegality does not discharge your financial obligations.
A little strong, on hindsight. I was trying to point out that no one is legally entitled to victimize a lawbreaker. Insensitive, perhaps.....give me a 'minus ten'...
Anybody should be entitled to be paid wages that are owed to them, regardless of their citizenship/immigration status. You'd be breaking all kinds of accounting principles if this wasn't the case.
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