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#1 Nani10

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Posted 20 January 2013 - 09:43 PM

Can I sue my husbands ex boss for lack of pay even if my husband doesnt have papers? We have had problems with him in the past and now that he lost his job I found out my husband isnt the only one that hasnt gotten paid.

#2 Tax_Counsel

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Posted 20 January 2013 - 10:59 PM

Can I sue my husbands ex boss for lack of pay even if my husband doesnt have papers?


Your husband is the one who had the contract with the employer and thus your husband must file the lawsuit, not you. If he needs help to do that, he should contact a lawyer. It's not clear what you mean when you say your husband “doesn’t have papers.” But if you mean your husband is in the U.S. illegally, he does run a risk in suing the employer that his illegal status will become known to ICE. He’d want to discuss that with an immigration attorney prior to filing any lawsuit.

#3 pg1067

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Posted 21 January 2013 - 03:43 PM

Can I sue my husbands ex boss for lack of pay even if my husband doesnt have papers?


Anyone can sue anyone for anything, so the answer is yes. Of course, I have no idea on what basis you might have standing to sue your husband's employer. I also have no idea what sort of "papers" you're talking about.

Any particular reason why you husband doesn't sue his former employer or make a claim for unpaid wages with your state's department of labor/employment?

#4 Guest_FindLaw_Amir_*

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Posted 23 January 2013 - 02:41 PM

I agree with the previous poster, your husband may want to consult with a local Immigration Lawyer before proceeding with such a claim.




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