Unpaid Wages Immigration Status

Summary

The user, an immigrant from Poland, was hired as a dental receptionist in New York. She worked for four days but was not paid because she could not provide a Social Security number or tax ID. The employer was aware of her immigration status (overstayed B2 visa) but still hired her. The user is seeking advice on her rights regarding unpaid wages and her immigration status.

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issue with employer
What specific issue are you facing with your employer, ****?
I was hired as a Dental receptionist. I am not eligible for Social Security number. My employer revenue about that. We parted ways, and he told me in order to pay me he will need my tax ID number. I was trying to file for one, but IRS told me that I can’t obtain individual tax identification without me getting paid and file for taxes from that.
Did your employer withhold taxes from your paychecks while you were employed?
I was never paid
What state are you located in, ****? This will help me provide the most accurate information regarding labor laws in your area.
he never paid me
I'm sorry to hear about your situation, ****. Can you please tell me in which state this occurred?
New York
Did you sign any employment contract with your employer?
no, I did not
What were the terms of your verbal agreement with your employer?
That hires me as a Dental receptionist and she will pay me * hours
Did you work any hours before parting ways with your employer?
that he hires me as a Dental receptionist, and he will pay me * ho
Did you perform any work for your employer before parting ways?
yes, I worked for four days
How many hours did you work each day?
around eight hours
Did your employer provide any reason for not paying you for the hours you worked?
he told me he will pay me when I provide him with my tax ID. He even suggested it to give him somebody’s else’s Social Security number.
Did you report this issue to any local labor department or authority?
no, I didn’t
Did you keep any record of the hours you worked? This could be useful if you decide to file a wage claim.
yes, I noticed how many hours I worked each day
What was the total number of hours you worked for those four days?
*:*
Did you discuss your inability to provide a Social Security number with your employer before you started working?
yes, I did
Did your employer agree to hire you knowing that you couldn't provide a Social Security number?
yes he did
What actions has your employer taken since you informed him about your inability to obtain a tax ID?
to give him somebody else’s Social Security number
What was your employer's response when you told him you couldn't provide someone else's Social Security number?
he said he has to provide some identification number to pay me
What steps have you taken since your employer asked for an identification number?
I went to IRS to obtain my tax ID, but they told me I have to get paid first to file taxes and get an tax ID
What was the response of the IRS when you explained your situation to them?
that you have to paid me pay me first
What was your employer's reaction when you informed him about the IRS's response?
I didn’t spoke with him yet I just want to know my rights first
What is your immigration status? This will help me understand your eligibility for work in the U.S.
I overstayed my B2 visa
What actions have you taken since you realized you overstayed your B2 visa?
none
What is your plan regarding your overstayed B2 visa status?
no plans
What is your nationality, ****? This information can help me provide you with the most accurate advice regarding your legal rights.
Polish
Czy zgłosiłaś ten problem do Departamentu Pracy w Nowym Jorku?
no
What is your plan to resolve this issue with your employer?
I need a legal advice
What is your plan to resolve this issue with your employer?
I want to know what are my rights
What is your current visa status?
The visa expiring in *
What type of visa do you currently hold?
B2
What is your plan regarding your overstayed B2 visa status?
General Information:
- Overstaying a visa can lead to serious consequences, including deportation and bans from reentering the US.
- It's important to consult with an immigration attorney.