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Antiwork

Legality of having to chase after your paycheck

Hello- My partner is an undocumented worker here in the state of Illinois (though we have filed immigration paperwork as we are now married, and are waiting for that to go through). They work as a caregiver and is paid monthly by their employer (a person who exclusively hires undocumented people to avoid paying taxes on her income / pay). Each month, my partner provides their employer with hours worked, and the employer then bills the patient's family directly, collecting the sum, and then deducting their “management” fee. However, once they have this fee, it often takes a week or two in order to physically receive payment from them. My partner will ask if we can pick up the check, and the employer will state that they are busy getting their hair done, or their nails done, or something along those lines (please note, I am not using gender in…


Hello-

My partner is an undocumented worker here in the state of Illinois (though we have filed immigration paperwork as we are now married, and are waiting for that to go through). They work as a caregiver and is paid monthly by their employer (a person who exclusively hires undocumented people to avoid paying taxes on her income / pay). Each month, my partner provides their employer with hours worked, and the employer then bills the patient's family directly, collecting the sum, and then deducting their “management” fee. However, once they have this fee, it often takes a week or two in order to physically receive payment from them. My partner will ask if we can pick up the check, and the employer will state that they are busy getting their hair done, or their nails done, or something along those lines (please note, I am not using gender in a discriminatory way, I am just stating the excuses the employer gives us so that you understand they are not business-related or work-related delays). Often, I have to drive an hour out of my way to pick up my partners paycheck. Today, after my partner asked for the nth time about their paycheck, the employer literally told them via text “I will drop your money now but you will pay my gas”. You can imagine how infuriated my partner and I are. This person preys on people without papers, and essentially scares them into believing they are unable to do anything to defend themselves without losing their jobs. We have asked for electronic payment (Zelle or the like), but the employer refuses to do full payments, as that would have to be reported to the IRS.

So I ask, are we helpless here, or does my partner have any paths to prevent this from happening in the future. I can provide more details if needed.

Thank you all for your help and attention, and we wish you well.

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