At Haller Kwan LLP, we are committed to protecting the rights of all workers, especially those who are most vulnerable to exploitation. Today, we want to share a case that demonstrates our dedication to fighting labor trafficking and wage theft.
The Situation
Sara, a respected educator from North Africa, came to the United States with dreams of sharing her knowledge and contributing to her new community. She was recruited by a religious institution to teach at its affiliated school, with promises of fair compensation and benefits.
However, Sara's dream quickly turned into a nightmare. Despite working full-time hours teaching religious studies to women and children, she wasn't paid a single cent for her labor. To make matters worse, Sara developed a serious health condition during her employment but was denied the promised medical benefits, forcing her to delay crucial treatment.
The Challenges
Sara's case was complex, involving multiple legal issues:
Labor Trafficking: The institution had effectively trapped Sara in a situation of forced labor, using her immigration status and unfamiliarity with U.S. laws to exploit her.
Wage Theft: Sara was not paid for her work, a clear violation of both federal and state labor laws.
Fraud: The institution had made false promises to lure Sara to the U.S. and keep her working without pay.
Retaliation: When Sara spoke up about her unpaid wages and other concerns, she faced threats and intimidation.
Our Approach
When Sara came to us, we recognized the gravity of her situation and took immediate action:
Comprehensive Legal Strategy: We prepared claims under multiple statutes, including the Trafficking Victims Protection Act, the Fair Labor Standards Act, and the Minnesota Whistleblower Act.
Thorough Documentation: We meticulously gathered evidence of Sara's work, the promises made to her, and the retaliation she faced.
Aggressive Advocacy: We initiated litigation against the institution and individuals involved in Sara's exploitation.
Compassionate Support: Recognizing Sara's vulnerable position and health challenges, we provided ongoing support throughout the legal process.
Legal Principles
Our case rested on several key legal principles:
The Trafficking Victims Protection Act (TVPA): This federal law prohibits forced labor and allows victims to sue their traffickers.
The Fair Labor Standards Act (FLSA) and Minnesota Fair Labor Standards Act: These laws require employers to pay at least minimum wage for all hours worked.
The Minnesota Whistleblower Act: This law protects employees who report violations of law from retaliation.
Common Law Claims: We also pursued claims for fraud, unjust enrichment, and civil conspiracy to hold all responsible parties accountable.
The Outcome
Through persistent negotiation and our readiness to take the case to trial, we secured a favorable settlement for Sara. This settlement provided her with:
Compensation for her unpaid wages
Additional damages for the suffering she endured
A clean break from her exploiters, allowing her to move forward with her life and career
Recognizing Sara's ongoing health challenges and financial hardship, we made the decision to waive our legal fees and provide our representation pro bono.
The Takeaway
Sara's case is a powerful reminder that labor trafficking can happen anywhere, even in respected institutions. It also demonstrates the importance of standing up for workers' rights, regardless of their immigration status or familiarity with U.S. laws.
At Haller Kwan LLP, we are proud to fight for people like Sara, helping them reclaim their dignity and rights. If you or someone you know is facing a similar situation, remember: you have rights, and we're here to protect them. Schedule a consultation to speak with an attorney today.
Note: This case study is a composite of a real case handled by Haller Kwan LLP that's anonymized to maintain confidentiality and for brevity. This is in no way a guarantee or forecast of possible future results. Each case is unique with its own opportunities and risks to weigh.