• California Court of Appeal Holds Undocumented Workers Cannot Pursue Discrimination and Retaliation Employment Claims
  • August 25, 2011 | Authors: Leila Narvid; Leila Narvid; Rodney B. Sorensen; Rodney B. Sorensen
  • Law Firm: Payne & Fears LLP - San Francisco Office
  • In Salas v. Sierra Chemical Co., the California Court of Appeal held that an employee not authorized to work in the United States could not pursue discrimination and retaliation employment claims. The court reasoned that the undocumented worker had no recourse for alleged losses tied to an employment position for which he was not lawfully qualified. In addition, the court found that it would be inequitable to provide the plaintiff with any relief in light of his misconduct in the form of misrepresenting to his employer his ability to lawfully work in the United States.