It pays to know your state’s labor laws. Just ask Ramon, who was mistaken by a former employer for an immigrant. He filed a lawsuit against a California hotel after they allegedly retaliated against him for wanting to take breaks that he wasn’t getting under the California labor code.
“I look Mexican, so they figured I had fake papers, but they are illegally denying workers their rights,” Ramon said.1
Wrongful Termination and Discrimination Case Details and Allegations
The following details and allegations were collected from a recently published media story:
- Immediately after Ramon took a job at the hotel he asked his manager if when he could take his two 10-minute breaks and 30-minute lunch.
- Ramon says there was a high expectation from other co-workers to cover them at the front desk of the hotel, if they needed to take a bathroom break. Ramon claims all the front desk attendants were Hispanic as well, and none of them were allowed to take breaks either.
- When complaining to the manager got Ramon nowhere, he decided to go to the top and let the owner know he wasn’t getting breaks.
- Ramon claims all the other workers were afraid of losing their jobs, and that he was the only one who complained.
- Ramon was informed by the temporary staffing agency that hired him that he was fired.
- Ramon was reinstated, but the day he returned he alleges that the owner told him he had to clock in and out in order to get his breaks. Ramon says he knows that it isn’t required by law to clock in or out for breaks, so he printed out the California Labor Commissioner’s website regarding breaks and penalties associated with not giving them to the owner.
- A week later the owner had told him to find work elsewhere and fired him a second time.
- Ramon also claims the hotel company retaliated by changing up his schedule so much that he had to quit school to keep a job.
- Ramon was only paid minimum wage and it was supposed to be paid bi-weekly, but the company had no defined pay schedule. That turned out to be another work code violation.
- Since leaving the hotel, Ramon has become a supervisor at a different workplace, and he came to realize that the hotel owes him for all the missed breaks, which added up to 20 minutes a day, plus time-and-a-half.
Contact a Los Angeles Immigration Lawyer at the Hanlon Law Group, P.C.
Have you been wrongly terminated due to retaliation for complaining about some injustice in the workplace? If so, you turn to a Los Angeles immigration lawyer at the Hanlon Law Group, P.C., who you can trust. For more than 15 years, our lawyers have been specializing in immigration employment law to help ordinary people who have become victims of immigration-based discrimination seek the justice they deserve and the compensation that may be owed to them.
To learn more about our immigration-based employment legal services and how we can serve in your defense contact us today by calling (626) 684-3712 or (866) 227-5527 or by emailing us using the form at the upper right-hand side of the screen. From our office in Pasadena, we serve clients throughout the Los Angeles area, across the state of California and from around the world.
1“California Hotel Taking Advantage of Illegal Immigrants” published in Lawyers and Settlements, July 2016.