‘Dropping the dime’ on an employee has its risks

Normally, it isn’t unlawful to report a crime. To the contrary, it’s encouraged. In a recently reported case, however, an employer’s attorney who contacted U.S. Immigration and Customs Enforcement (ICE) to complain about an investigation by the New York State Department of Labor (NYSDOL) into his client’s firing of alleged undocumented workers had his lawsuit dismissed. The court ruled federal immigration law didn’t preempt New York law prohibiting employer retaliation against employees who file complaints about wage and hour violations. Read on to understand the pitfalls of contacting law enforcement during an employee’s litigated claim.

Background

Rochester attorney Arnold Petralia represented an employer in an administrative proceeding before the NYSDOL. After two employees complained to his client they hadn’t received their full wages, the employer fired them. The NYSDOL opened an investigation into the employer. Petralia then wrote to ICE alleging the state agency was “prosecuting” his client for firing alleged undocumented workers who had presented false documents during the hiring process and that his client’s action was required by federal immigration law.