sticky situation

[Eric-Pris 1,607]

A friend of my wife (also a Latina) asked us for advice. She works as a housekeeper for a family. She works off the books, meaning that she gets paid in cash. She doesn't declare that income on her returns.

She recently (late last year) became a US citizen and stated on the forms and interview that she was unemployed. A few days ago, her boss, the male adult of the family she works for sexually harrassed her. It's actually more than that. He's into working out. And she's trying to lose weight. He tried to show her some exercises of the floor and grabbed her by the waist, ran his hands from her waist up to and over her breasts and the back down her butt down to her thighs. Then he said "you're not doing it right" and positioned himself behind her as he was on the floor on her hands and knees. And he started rubbing his crotch and thrusting up and down. Basically, he was dry humping her for like 10 seconds.

That's creepy, she's completely wrecked. She hasn't been back yet, she only works a couple of days. She's afraid to go back. She's afriad that if she doesn't go back, he will try to screw up her naturalization.

Normally, I would advise her to go to the police and file a report becase what he did is not just sexual harrassment, I think it borders on criminal. But there are 2 issues at work: As I said earlier, she recently became a citizen and if he were to contact immigration telling them that she has worked illegally for over a year, could this jeopardize her naturtalization based on the fact that she lied on her appilcation?

The other issue is that he is a retired cop and has lots of connections still on the police. She's afraid that if she were to contact the police, he would turn it around on her and possibly accuse her of theft or something stupid like that.

Any advice?

Edited March 12, 2013 by Eric-Pris

[Cathi 5,849]

yes, the advice is to never lie to immigration

[NigeriaorBust 4,087]

Any significant lies during becoming a citizen can be reason to revoke especially shortly after it is granted. Your friend lied about working and has not been paying taxed on her income. Not a model citizen and more than enough cause to have a review of the granting if the privilege to someone that disrespects the US government so much.

[NickD 203]

Employer is more than at fault, by paying cash, and not submitting a W-2, paying his share of FICA taxes and withholding federal and state if applies, income taxes. Then taking advantage of more than likely an ignorant immigrant worker.

Just saying, don't put the entire blame on this girl, she is not responsible for the actions of her employer. He is the one that is liable to take care of his employees, sure a court of law would sort this out.

[N-o-l-a 7,168]

Sometimes it is best to come clean to protect yourself. She should file back taxes right about now.

[rodceasar 34]

.... and she should also refrain from ever going back to that job, first and foremost!

[Okalian 41]

Employer is more than at fault, by paying cash, and not submitting a W-2, paying his share of FICA taxes and withholding federal and state if applies, income taxes. Then taking advantage of more than likely an ignorant immigrant worker.

Just saying, don't put the entire blame on this girl, she is not responsible for the actions of her employer. He is the one that is liable to take care of his employees, sure a court of law would sort this out.

Coudn't agree more. If he tries to report her, he's in deeper (BLEEP) than she is.

[warlord 73]

Coudn't agree more. If he tries to report her, he's in deeper (BLEEP) than she is.

Yep, the law doesn't look down too kindly on people who hire illegals. Not only would he face fines, but even possible jail time. So seems to me that he's either bluffing or ignorant of the law...

[mamaSue 38]

Yep, the law doesn't look down too kindly on people who hire illegals. Not only would he face fines, but even possible jail time. So seems to me that he's either bluffing or ignorant of the law...

If she's now a USC, she's not illegal at all... but it's illegal not to declare earnings.

He could put it back on her, saying he paid her cash (which is perfectly legal) and he didn't know she wasn't filing taxes for it.

If I were her, I'd file back taxes, and think twice about reporting him.... and definitely look for another job. Tough.....but more practical.

[NickD 203]

Difficult to say without knowing the wages she received, most minimum wage earners even get tax credits, food stamps, reduced medical care, etc. Was she even paid minimum? The real killer is FICA taxes, of which her employer has to pay half of those.

When my own kids had minimum wage jobs, didn't even have to file, but we did anyway, so they would get enough of a refund to fill their gas tanks one time or purchase a couple of CD's. But those FICA taxes sure put a big dent in their take home pay.

[VanessaTony 3,567]

Fortunately, she wouldn't have her citizenship revoked for lying about being unemployed vs employed (as that's not a reason to deny citizenship) but UNFORTUNATELY she WOULD get into trouble for not filing taxes, as that IS a reason to deny citizenship (there's a qn "Have you ever failed to file a tax return" and she most likely ticked "no" when the true answer is "yes".

This is a reason why you should never lie. She wasn't "working illegally" because if she just had her citizenship approved then she had to have had legal status in order to get citizenship from. She was working "off the books" though which is bad for IRS reasons but not something that would get her into trouble. The problem is the taxes. If she files her back taxes she's in the clear tax wise, but it could STILL be seen as her lying on her application (she can't claim she didn't realise she should have filed because she would have known that).

He sexually assaulted her, that's for sure, but as you stated, she's actually got bigger problems that that.

I would advise the friend never to go back. He doesn't file taxes for her so he has no proof that she works/worked for him. I would also advise the friend TO STOP LYING TO THE US GOVERNMENT! She needs to FILE her taxes when she works. She needs to TELL THE TRUTH on her paperwork. Had she done that all from the beginning she could report him but of course her word against his and as an ex-cop most likely it would be swept under the rug.

I also suggest the friend engage in some sort of self-defense training. You said he dry-humped her for 10 seconds, that's a long time as I would have reacted after the first stroke of his hands (disbelief followed by jumping away). She needs to empower herself both emotionally and physically so if she ever feels threatened again she doesn't feel like she needs to stay there and take it.

[christeen 966]

On an additional note... The above case is a very important lesson on WHY doing things correctly and above board and not trying to cheat the system is important not just for the sake of honesty, but for the sake of personal protection. The woman in question was ASSAULTED and because of her (and he employers) actions to avoid paying taxes, has left her vulnerable and unable to speak out in her defense because of fear of getting caught. What would happen if say she got seriously hurt while working, or did damage? Everyone's hands are tied and true justice cannot take place. I know times are tough end everyone wants to save a buck or make an extra buck, but at what ultimate cost.

My advice would be to file back taxes (this eliminates whatever the employer might have as leverage for not reporting him), and not go back. My conscience says to report him, but I do sympathize with her situation and his position in the community and have to honestly say that would be a scary prospect.

If all else, I would say she learned a valuable lesson about protecting herself by working within the system not under it. Making things right will lift what I am sure Is a big weight off her shoulders moving forward... Come clean with uscis, they can forgive if you make it right, not if she continues to lie. it might cause her case to be looked at more carefully, but in the end I do not think it will cause her to be denied. She needs to tell uscis that her employer refused to file a w2 of her and she did not known how she should file and she really needed the job at the time and she wants to make it right. The employer will look way worse taking advantage of a vulnerable immigrant for a cheap laborer.

[Gary and Alla 3,696]

A friend of my wife (also a Latina) asked us for advice. She works as a housekeeper for a family. She works off the books, meaning that she gets paid in cash. She doesn't declare that income on her returns.

She recently (late last year) became a US citizen and stated on the forms and interview that she was unemployed. A few days ago, her boss, the male adult of the family she works for sexually harrassed her. It's actually more than that. He's into working out. And she's trying to lose weight. He tried to show her some exercises of the floor and grabbed her by the waist, ran his hands from her waist up to and over her breasts and the back down her butt down to her thighs. Then he said "you're not doing it right" and positioned himself behind her as he was on the floor on her hands and knees. And he started rubbing his crotch and thrusting up and down. Basically, he was dry humping her for like 10 seconds.

That's creepy, she's completely wrecked. She hasn't been back yet, she only works a couple of days. She's afraid to go back. She's afriad that if she doesn't go back, he will try to screw up her naturalization.

Normally, I would advise her to go to the police and file a report becase what he did is not just sexual harrassment, I think it borders on criminal. But there are 2 issues at work: As I said earlier, she recently became a citizen and if he were to contact immigration telling them that she has worked illegally for over a year, could this jeopardize her naturtalization based on the fact that she lied on her appilcation?

The other issue is that he is a retired cop and has lots of connections still on the police. She's afraid that if she were to contact the police, he would turn it around on her and possibly accuse her of theft or something stupid like that.

Any advice?

If she is already a citizen I would not worry about it. Technically her citizenship can be revoked if she lied in a material matter to gain citizenship. They rarely pursue this unless it is of some serious matter. A recently publicized case of revoking citizenship was because a recent citizen participated in the murder of innocent people in Sudan. Genocide. Yeah, that kind of thing. I doubt that working for cash would be of interest to anyone, probably not even the IRS unless it was a LOT of cash. The IRS would probably be more interested in her employer not paying payroll tax. I doubt he would go down that path. Unclaimed employment is a two edged sword and employment itself is sometimes difficult to prove. She was an independent contractor perhaps? Just too many worms in that can for anyone to bother with over the amount of money she was paid.

Criminal charges require proving beyond a reasonable doubt to a jury of 12 people that he had criminal intent in what he did. I think it would be considered "he said, she said" and he would be acquitted even if a prosecutor decided to pursue charges. "I only meant to show how hip thrusts could help her lose weight"

Best thing for her to do is just go on about life and try to forget a bad incident, fortunately she was not hurt.

[Gary and Alla 3,696]

On an additional note... The above case is a very important lesson on WHY doing things correctly and above board and not trying to cheat the system is important not just for the sake of honesty, but for the sake of personal protection. The woman in question was ASSAULTED and because of her (and he employers) actions to avoid paying taxes, has left her vulnerable and unable to speak out in her defense because of fear of getting caught. What would happen if say she got seriously hurt while working, or did damage? Everyone's hands are tied and true justice cannot take place. I know times are tough end everyone wants to save a buck or make an extra buck, but at what ultimate cost.

My advice would be to file back taxes (this eliminates whatever the employer might have as leverage for not reporting him), and not go back. My conscience says to report him, but I do sympathize with her situation and his position in the community and have to honestly say that would be a scary prospect.

If all else, I would say she learned a valuable lesson about protecting herself by working within the system not under it. Making things right will lift what I am sure Is a big weight off her shoulders moving forward... Come clean with uscis, they can forgive if you make it right, not if she continues to lie. it might cause her case to be looked at more carefully, but in the end I do not think it will cause her to be denied. She needs to tell uscis that her employer refused to file a w2 of her and she did not known how she should file and she really needed the job at the time and she wants to make it right. The employer will look way worse taking advantage of a vulnerable immigrant for a cheap laborer.

Not bad advice at all. Her tax liability is probably little or nothing anyway and by filing and naming her "employer" it also puts him under the microscope.

She could also claim to be self employed and get HUGE write offs for her business expenses and depreciation and end up with -0- income and an earned income tax credit. If anything came up with USCIS she could say she did not understand what being self employed was but when she found out, she corrected it.

But this is just so NOT an issue for USCIS

[Gary and Alla 3,696]

Fortunately, she wouldn't have her citizenship revoked for lying about being unemployed vs employed (as that's not a reason to deny citizenship) but UNFORTUNATELY she WOULD get into trouble for not filing taxes, as that IS a reason to deny citizenship (there's a qn "Have you ever failed to file a tax return" and she most likely ticked "no" when the true answer is "yes".

This is a reason why you should never lie. She wasn't "working illegally" because if she just had her citizenship approved then she had to have had legal status in order to get citizenship from. She was working "off the books" though which is bad for IRS reasons but not something that would get her into trouble. The problem is the taxes. If she files her back taxes she's in the clear tax wise, but it could STILL be seen as her lying on her application (she can't claim she didn't realise she should have filed because she would have known that).

He sexually assaulted her, that's for sure, but as you stated, she's actually got bigger problems that that.

I would advise the friend never to go back. He doesn't file taxes for her so he has no proof that she works/worked for him. I would also advise the friend TO STOP LYING TO THE US GOVERNMENT! She needs to FILE her taxes when she works. She needs to TELL THE TRUTH on her paperwork. Had she done that all from the beginning she could report him but of course her word against his and as an ex-cop most likely it would be swept under the rug.

I also suggest the friend engage in some sort of self-defense training. You said he dry-humped her for 10 seconds, that's a long time as I would have reacted after the first stroke of his hands (disbelief followed by jumping away). She needs to empower herself both emotionally and physically so if she ever feels threatened again she doesn't feel like she needs to stay there and take it.

Nothing here indicates she "failed to file a tax return" she may well have been in a joint return with her husband, we do not know and your answer assumes things not mentioned.

She failed to claim income and employment (that much we DO know), not a material matter for USCIS.