Can You Recover Lost Wages in California if Your Work Status Is Questioned?

If your employer fires you because of your age, you have the right to pursue compensation. That protection applies no matter your background or immigration status. A recent California appellate decision confirms that undocumented workers may still recover lost wages in a workplace discrimination case if the employer cannot prove it knew about the worker’s immigration status at the time of termination.

In the case at issue, a former cook at a Long Beach restaurant was awarded more than $84,000 in lost wages after demonstrating that she was wrongfully terminated due to her age. The employer argued that she should not receive damages for any time following his alleged discovery that she was not authorized to work. The court rejected that argument, finding no reliable evidence that he had actual knowledge of her status. California law is clear: if your employer engages in discrimination, they cannot escape liability by relying on assumptions about your documentation.

Immigration Status Does Not Block Lost Wage Claims in California Discrimination Cases

The employee in this case was repeatedly subjected to offensive comments about her age. She was told she was “used” and “old,” and she was denied raises and tips that younger employees received. She also worked unpaid overtime, missed legally required breaks, and was paid entirely in cash. These actions violated multiple California labor and civil rights laws.

Under the Fair Employment and Housing Act (FEHA), employers are prohibited from terminating or discriminating against workers based on age, regardless of citizenship or immigration status. The court reaffirmed that employers must prove actual knowledge of a worker’s undocumented status if they want to limit the damages awarded. In this situation, the employer requested documents years after hiring the employee, accepted others’ paperwork without verifying its authenticity, and provided no clear evidence that he was aware the employee lacked authorization to work. The judge properly refused to reduce the award based on unsupported claims.

Federal Law Does Not Automatically Block California Employment Claims

Employers sometimes argue that federal immigration law prevents undocumented workers from recovering lost wages. That argument was considered in Salas v. Sierra Chemical Co., 59 Cal. 4th 407 (2014), where the California Supreme Court held that state claims could still proceed unless the employer could demonstrate that it had learned of the worker’s undocumented status and that continued employment would violate federal law.

In this case, the employer cited Salas to try to avoid paying the full amount awarded. The appellate court rejected that argument, explaining that the record did not compel a finding that the employer knew the employee’s work status. Without solid proof of that knowledge, the preemption defense failed. The result? The full amount of damages stood.

This decision highlights that undocumented workers can still hold employers accountable for discrimination and wage violations in California. Employers who try to shift the blame or raise legal defenses without proof will not succeed if the facts and testimony support the employee.

How Documentation Issues Are Handled in California Employment Cases

Courts reviewing claims involving immigration issues closely examine the timing, documentation requests, and whether the employer took action only after a conflict arose. If the employer accepted inconsistent or missing documentation for years without objection, they cannot later claim they acted in good faith once the worker raised concerns about discrimination.

The employee in this case worked for several years, was paid under the table, and was only asked for a Social Security card after the employer was sued by someone else. Even then, the employer did not verify the authenticity of the documents from other staff members. This behavior undercut any claim that he acted based on federal requirements, rather than as retaliation or due to age-based bias.

Stand Up for Your Rights No Matter Your Status

If you have been fired, harassed, or denied fair pay because of your age, gender, race, or background, you have the right to fight back. California law protects every worker, regardless of immigration status, from illegal treatment on the job. At The Nourmand Law Firm, we help employees hold employers responsible for discrimination, retaliation, and wage theft. You deserve a legal team that puts your rights first and refuses to back down in the face of employer pressure or delay tactics. Call The Nourmand Law Firm today at (310) 553-3600 to speak with a California employment attorney. We represent employees only. Let us help you recover what you are owed.