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Employee Rights
Like many newcomers, refugees can be vulnerable to exploitation when they are unsure of their rights, have limited English proficiency, or are afraid to voice their concerns. It is important for refugees entering the workforce to be informed of their rights and to know where to seek help should an employment problem arise. Use the resources in this section to equip your clients with the information and know-how they need to ensure a positive and productive work experience.
Three Basic Steps for Investigating
a Potential Employment Violation
Many service providers express the challenge in balancing the needs of clients with the needs of the employer. In order to advocate fairly for your clients while maintaining a positive relationship with employers, it is important to gather all the facts when a concern is raised. The Employment Problems in Louisiana and Mississippi: An Advocacy Manual produced by Catholic Legal Immigration Network, Inc. (CLINIC) identifies three basic steps to consider when investigating a potential employment problem:
1. Identify the Problem
Gather as much information from your client as possible such as pay stubs, employee manual, union contract, and any personal records of hours worked. A careful review of this information can help to define the actual problem and determine if there is a simple solution. Use the sample client intake form to help your client identify the problem.
2. Negotiate
Discuss negotiation options with your client which could include talking with the employer, union or co-workers to resolve the problem. Be sure to talk about the advantages and disadvantages of each negotiation, including the time frame, so that your client has realistic expectations about the outcome.
3. Develop an Action Plan
Consider alternative strategies if negotiations don’t help to improve the situation. Possible strategies include a community awareness campaign, a legal claim, or an organizing effort.
Adapted and used with permission from CLINIC.
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EMPLOYEE RIGHTS
REFERENCE TOOLS
Sample Intake Form
CLINIC, Inc. (PDF)
Sample Work Records
National Employment Law Project (PDF)
Immigrant Employee Rights Handout
CLINIC, Inc. (PDF)
Multi-lingual Brochures
About Employee Rights
Office of Special Counsel
for Immigration-Related
Unfair Employment Practices
www.workplacefairness.org
Workplace Fairness
ARTICLES RELATED TO EMPLOYEE RIGHTS
Misclassification of Employees
as “Independent Contractors”
National Employment Law Project (PDF)
Frequently Asked Questions
Office of Special Counsel for
Immigration-Related Unfair
Employment Practices
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