Employment-So You Think You Know The Law

October 2014

3. California law states that when an illegal alien or undocumented worker has not taken the proper actions to legalize his or her status and is likely to continue residency in the United States without documentation, a court may award damages based on the individual’s earning potential in California. False. Under California law, if, at the time of the subject incident, the injured Plaintiff was working without proper legal documentation (a green card or other legal temporary worker status), any of Plaintiff’s wage loss claims at trial are limited to future earnings in the Plaintiff’s country of origin. Rodriguez v. Kline (1986) 186 Cal.App.3d 1145. Thus, an undocumented Plaintiff born in Guatemala and injured in California is limited to claiming future wage loss based on what could hypothetically be earned in Guatemalan currency (the “Quetzal”), rather than U.S. dollars. Return to newsletter.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.