Problems with employing an illegal alien

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Problems with employing an illegal alien

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When it comes to domestic employees, a lot of people think that it is completely appropriate to hire someone who is not eligible to work in the United States, often referred to as an illegal alien. Just because all of your friends are doing it, does not mean that it is okay. It is a crime to employ someone who is not entitled to work in the United States. If you are found out, there are criminal penalties. In addition, if you are hiring someone who is not eligible to work in the United States, you are most likely not paying proper employment taxes on that person. If you are ever found out, there is tax liability for having done so and there is no statute of limitations in terms of how far back the Government can look in having you pay all of those taxes. If you have employed someone in your home for a decade and you have not paid them properly and not withheld taxes, that entire decade of tax liability will be yours. Finally, if you have someone in your home who you are not treating properly, you are likely not putting them on your worker's compensation plan. If they are ever injured in your home, even though they shouldn't be working here anyway, you are still responsible for their resulting injury.

Watch Lisa Pierson Weinberger's video on Problems with employing an illegal alien...

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Lisa Pierson Weinberger

Attorney

Lisa Pierson Weinberger is the founder of Mom, Esq., a legal practice dedicated to helping parents understand and maximize their maternity leave benefits, have peace of mind when hiring employees in their homes, and find a good work/life balance when they return to the workplace after having a baby.  Prior to founding Mom, Esq., Lisa spent seven years working at the entertainment law firm of Greenberg Glusker working as an employment lawyer with many of Hollywood's A-List celebrities.  She counseled on matters related to large domestic staffs, advising on the hiring process, backgrounds checks, wage and hour issues, counseling, discipline and terminations, and preparing employment applications, offer letters and a variety of agreements including employment, confidentiality, arbitration, severance and release agreements. Lisa has a Bachelors in Psychology, with Honors, from Washington University in St. Louis, and a J.D. from the UCLA School of Law where she served on the UCLA Law Review.

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