Your voice matters: strategies for dealing with retaliation and seeking legal support

Facing workplace retaliation can be challenging, especially when it’s accompanied by legal uncertainty or fear of losing your job. However, there are clear strategies and resources available that can help workers defend their rights, such as documenting the facts and seeking the necessary support to overcome these situations.

Workplace retaliation commonly takes the form of reduced hours, wrongful termination, or even abrupt changes in working conditions. In some cases, these actions may be a response to attempts to demand fair working conditions, which can generate fear among those who do not have legal immigration status. Despite this, it is essential to remember that labor rights apply to everyone, regardless of your immigration status.

Labor rights regardless of immigration status

Immigration status should not be used as a tool to justify unfair working conditions. Rosa Peña, organizer of the National Domestic Workers Alliance, shares important advice on how to manage the relationship with your employer:

“A person without documents has the same rights as a person with documents. Even if you trust them, you should not tell your employer you don’t have legal status. If your employer asks, just say, ‘I’m in the process’ and don’t give any more details. Let’s remember that employers are employers, they’re not our family.”

This approach reinforces the importance of protecting personal information and avoiding sharing details that could be used against workers. Instead of feeling intimidated, workers can focus on learning about their rights and the resources available to them.

Note: The National Domestic Workers Alliance is the partner organization of La Alianza.

Strategies for dealing with retaliation

1.Document all relevant agreements and events
Keeping detailed records is essential. This includes schedules, payments, work agreements, and any relevant communication with the employer. This documentation can serve as evidence if it becomes necessary to file a complaint or initiate legal proceedings.

2.Seek legal support and advice
There are organizations that offer free or low-cost support to domestic workers facing retaliation. Here are some resources:

• • The Center for Migrant Rights (Centro de los Derechos del Migrante, CDM): provides legal advice and support to migrant workers in the United States. On its website, workers can access their migrant portal, a section dedicated to providing clear information on labor rights and job searches. This portal is located at the bottom of the home page and is designed to offer accessible and practical resources.
    For specific cases, questions can be submitted through the “Get Legal Help” option located in the upper right menu, or accessed directly through this link: https://cdmigrante.my.salesforce-sites.com/inquiry/. Once you’re there, select your preferred language (English or Spanish) and describe the case in detail.

• • Legal Aid at Work: This organization provides legal services in California, focusing on labor rights. To obtain assistance, follow these steps:

• • Visit their website: Click on the “Get Legal Assistance” option located at the top right of the home page.
  • Select Spanish or English and follow the instructions to access available resources and choose a category.
  • Get specific information: Based on your selection, you will be presented with detailed resources and steps to follow to effectively address your case.
  • Coalition for Humane Immigrant Rights (CHIRLA): This organization supports immigrant workers in defending their labor rights. It aims to transform the domestic worker industry by informing workers of their rights under labor law to achieve decent working conditions together with partners and employers. For assistance, call 1-888-6CHIRLA or 213-353-1333, or email [email protected].

3. Know your local and federal labor laws
Labor protection laws vary by state and range from minimum wage to safe and fair working conditions. In many cases, these laws guarantee fundamental rights to all workers, regardless of their immigration status. For example, regulations such as the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA) establish minimum protections, such as overtime pay and the right to organize collectively.
Becoming familiar with these laws can make a significant difference in identifying and addressing retaliation.

4. Build a support network
Having a support network can make all the difference when facing difficult work situations. These networks not only offer guidance and motivation but are also an important source of practical information. A strong support network can be built in several ways:

• Local Facebook groups:  Many domestic workers connect through specific groups on social media, such as My Nanny Circle on Facebook or local community groups that allow them to share experiences, answer questions, and access job opportunities.
• Connecting with other domestic workers: Talking to other workers in your area can be a way to share advice and learn how others have dealt with similar problems.
• Community groups and local organizations: Organizations such as the National Domestic Workers Alliance (NDWA) (NDWA is La Alianza’s partner organization) or state coalitions such as the California Domestic Workers Coalition offer information, workshops, events, or training that help workers strengthen their knowledge of labor rights and bargaining strategies.

Dealing with the fear of dismissal or reporting

The fear of losing one’s job or facing further retaliation can limit workers’ actions. However, as Rosa Peña points out, maintaining a professional relationship with the employer and limiting the personal information shared can help reduce risks. While fear is understandable, seeking advice and support can empower workers to act with greater confidence.

Editor’s note: This article was originally written in Spanish and translated into English by Tilde Language Justice Cooperative