Illegal Alien Can Sue Employer for Lost Wages
Friday, November 21st, 2008In Coque v. Wildflower Estates Developers, Inc., the Supreme Court of the State of New York Appellate Division held that illegal aliens injured on the job can recover damages for lost wages from their employer, where the employer failed to properly verify the employee’s eligibility to work. In reaching its decision, the court concluded that employees should not forfeit their right to recover lost wages simply because they submitted a false document when applying for a job. Instead, recovery for lost earnings should be barred only where the plaintiff’s submission of fraudulent documents actually induced the employer to hire the plaintiff. Finding that the defendant hired the plaintiff despite knowledge of the employee’s undocumented status and ineligibility to work, the court permitted the plaintiff to sue the defendant and recover damages for injuries sustained on the job. For more information about claims for lost wages, click here.



