# If you are not paid, are hurt at work or lose your job

Source: https://www.qaravan.org/resources/work/problems-at-work/

If you were not paid, were punished for complaining, got hurt or lost your job, you have rights whatever your immigration status, and free agencies to turn to. If agencies are slow, worker centers can help.

QARAVAN does not provide legal services or handle cases, but can point you to organizations that help. Complaints usually need paperwork: pay stubs, checks, records of hours. Send copies and keep the originals.

## Start here

- If someone makes you work by force, fraud or threats, call the National Human Trafficking Hotline, [1-888-373-7888](tel:18883737888), 24 hours a day and confidential. Say "Russian" and a free interpreter joins. You can also text 233733, but texts are in English.
- You can file a complaint about unpaid wages with the New York State Department of Labor (NYS DOL) [on its website](https://dol.ny.gov/file-labor-standards-wage-theft-claim), whatever your status. Punishing you for it is forbidden.
- If you are hurt at work, tell your employer in writing within 30 days and file a Workers' Compensation Board (WCB) claim within two years.

## If you were not paid or were paid less

Not paying or underpaying wages is called wage theft. Two agencies fight it: NYS DOL (the State) and the City's Department of Consumer and Worker Protection (DCWP).

1. Write down what you are owed Write down the dates, hours, rate and the amount you were not paid. Gather copies of what you have: pay stubs, checks (including ones the bank returned), records of hours, messages. Do not send originals.
2. Know that you may complain to your employer You have the right to ask your employer to fix a violation and to file a complaint with NYS DOL. You cannot be punished for it.
3. File a claim with NYS DOL A claim goes to the Division of Labor Standards, the part of NYS DOL that handles wages. Upload the claim form for unpaid wages, illegal deductions or unpaid wage supplements (vacation pay, holiday pay, bonuses) on the Department's website: at [dol.ny.gov/unpaidwithheld-wages-and-wage-supplements](https://dol.ny.gov/unpaidwithheld-wages-and-wage-supplements), click Upload. Your immigration status does not affect your right to file.
4. Wait for the letter and your case number The Department first does a pre-investigation review and sends you a letter. If it accepts the claim, you get a case number (LS#) by mail, then a letter naming your investigator. Investigations take time. Tell the Department right away if the employer pays you or your address or phone changes.
5. Know how it ends If the Department finds a violation, it works to recover what you are owed. If the employer still does not pay, the order may be filed with a court as a money judgment (an enforceable court record of the debt), which lasts at least 10 years. An investigation usually covers the period in the complaint, and in limited cases 3 or more years.

- New York State Department of Labor, Division of Labor Standards Any status Free It takes claims if you were not paid for all hours (including on-the-job training), were not paid overtime, did not get your tips, had your rate cut without notice, had a paycheck bounce, had money deducted from your pay, or did not get promised vacation pay, holiday pay or bonuses. It does not take claims if you worked outside New York State, are owed by a government agency, were truly in business for yourself or an independent contractor, worked as an executive, administrator or professional earning over $1,300 a week, or if the wages were due more than three years ago. [dol.ny.gov](https://dol.ny.gov/file-labor-standards-wage-theft-claim)
- Department of Consumer and Worker Protection (DCWP) NYC residents Free The City agency takes complaints online ([nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page](https://nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page)) about the Protected Time Off law, schedules in fast food and retail, the Freelance Isn't Free Act, pay for delivery workers and more. DCWP does not ask about your status and does not share your name without your permission unless the law requires it. For minimum wage and overtime, DCWP sends you to NYS DOL. [nyc.gov](https://www.nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page)
- Small Claims Court Any status Low cost A court where you can sue for money without a lawyer. In New York City, up to $10,000; the filing fee is at most $20 depending on the amount, and the interpreter is free. You need the business's correct legal name and address. [dol.ny.gov](https://dol.ny.gov/wage-theft-small-claims-court-information)

## If you were punished for complaining

This is called retaliation, and the law forbids it.

- What counts as retaliation Any status Free Any punishment for complaining about a labor law violation, giving information to the Department of Labor, taking part in its proceedings, or answering a jury summons. For example: firing, cutting your hours, moving you to worse hours or a worse location, cutting pay, discipline, closer supervision, demotion or transfer, taking away privileges, harder duties, higher production demands, and threats to do any of these, to sue you, or to report you to criminal or deportation authorities. The list is not complete. If this happened to you, file a complaint with NYS DOL online: [dol.ny.gov/retaliation](https://dol.ny.gov/retaliation). [dol.ny.gov](https://dol.ny.gov/retaliation)
- Occupational Safety and Health Administration (OSHA), complaint about retaliation for raising a hazard Any status Free OSHA is the federal workplace safety agency. If you were fired, demoted or punished for speaking up about danger, file a whistleblower complaint online at [osha.gov/whistleblower/WBComplaint](https://osha.gov/whistleblower/WBComplaint) or by letter, in any language. The deadline is 30 to 180 days depending on the law, so do not wait. [osha.gov](https://www.osha.gov/workers/file-complaint)

## If you were hurt at work

Payments for a job injury are called workers' compensation: insurance that pays for treatment and part of lost wages. The State's Workers' Compensation Board (WCB) handles it. It is open to every eligible worker in the state regardless of citizenship or immigration status.

1. Tell your employer in writing within 30 days Tell your employer about the injury as soon as possible, and within 30 days of the injury or of the day your health care provider says work caused your condition. Paper or email is best; avoid text messages. If you miss the 30 days, you may lose your right to benefits.
2. File a claim with WCB Complete the Employee Claim (Form C-3) and send it to WCB within two years. If you had a related or similar injury or illness before, also complete the Limited Release of Health Information (Form C-3.3). Your employer must also report the injury, but filing your own claim helps; do not let anyone talk you out of it.
3. Ask for an interpreter WCB provides a free interpreter, including at your hearing. Ask by email at LanguageAccessCoordinator@wcb.ny.gov.
4. Learn about the advocate for injured workers WCB has an Advocate for Injured Workers, who explains your rights and helps resolve problems.

- Workers' Compensation Board (WCB) Any status Free The State agency that takes job injury claims and holds hearings. You can ask for an interpreter by email at LanguageAccessCoordinator@wcb.ny.gov. [wcb.ny.gov](https://www.wcb.ny.gov/content/main/Workers/injured-workers-toolkit.jsp)
- OSHA, complaint about unsafe conditions Any status Free If your workplace is dangerous or unhealthy, file a complaint online with the federal Occupational Safety and Health Administration (OSHA): [osha.gov/form/osha7](https://osha.gov/form/osha7). You can complain anonymously, in any language, and someone else can file for you. The deadline for a conditions complaint is under six months. [osha.gov](https://www.osha.gov/workers/file-complaint)

## If you lost your job

- Unemployment insurance Any status Free You file for unemployment benefits with NYS DOL online, best between 7:30 am and 7:30 pm with any VPN or proxy (programs that hide your location) turned off, because they cause problems. You can also call [1-888-209-8124](tel:18882098124) and choose Russian in the phone menu. NYS DOL decides whether you qualify. You must have lost your job through no fault of your own, have earned enough to open a claim, be ready, willing and able to work right away, and look for work. Non-citizens must also have had permission to work when they earned the pay the claim counts, and still have it while claiming: the Unemployment Insurance Appeal Board manual (2019) says a claimant whose work authorization is no longer valid is not available for work. NYS DOL is upgrading its unemployment system from Monday, November 2, 2026, at 5 pm, so payments may be delayed and screens may change. [1-888-209-8124](tel:18882098124) [dol.ny.gov](https://dol.ny.gov/unemployment-claimant-benefit-process-0) Mon–Fri 8 am–5 pm

## Where else to get help

Worker centers are nonprofits that help workers stand up for their rights. Contact one if agencies are slow or you need advice.

- Legal Services NYC Any status Free Free legal help for low-income workers: losing a job, unemployment benefits, unpaid wages and overtime, discrimination at work. Call [917-661-4500](tel:9176614500) and press 3 for Russian. Help depends on the lawyers' capacity and where you live. [917-661-4500](tel:9176614500) [legalservicesnyc.org](https://www.legalservicesnyc.org/resources/workers-rights/) Mon–Fri 9:30 am–4 pm
- Worker's Justice Project Any status A New York City worker center, founded in 2010, that teaches workers their rights and organizes low-wage immigrant workers. Two offices in Brooklyn, in Williamsburg and Sunset Park: come in or write to contactus@workersjustice.org. [workersjustice.org](https://www.workersjustice.org/) 456 Grand St, Brooklyn, NY 11211 (Williamsburg); 613 4th Ave, Brooklyn, NY 11215 (Sunset Park)
- Make the Road New York Any status Its legal team helps thousands of workers each year recover unpaid wages, get workers' compensation and fix safety violations. Worker committees in Brooklyn, Queens, Nassau and Suffolk counties meet every week. Reach it through [maketheroadny.org](https://maketheroadny.org) or at its office in Bushwick. [maketheroadny.org](https://maketheroadny.org/issue/workplace-justice/) 301 Grove Street, Brooklyn, NY 11237
- A Better Balance Any status Free A nonprofit with a free, confidential legal helpline on work issues: paid leave, sick time, pregnancy and scheduling. The number is on its “Get Help” page. [abetterbalance.org](https://www.abetterbalance.org/get-help/)
- New York Committee for Occupational Safety and Health (NYCOSH) Any status A nonprofit for workplace safety and health. Its programs include a construction safety school and a school for nail salon workers. Write to info@nycosh.org or use the form at [nycosh.org/contact](https://nycosh.org/contact); the office sees people by appointment only. [nycosh.org](https://nycosh.org/)
- National Human Trafficking Hotline Any status Free If you are made to work by force, fraud or coercion, this may be labor trafficking. The hotline is open 24 hours and confidential: say "Russian" and a free interpreter joins. You can also text 233733, but texts are in English. [1-888-373-7888](tel:18883737888) [humantraffickinghotline.org](https://humantraffickinghotline.org/en/human-trafficking/labor-trafficking) 24/7

## Glossary: definitions of special terms and abbreviations

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This is general information, not legal advice: QARAVAN has no lawyers. QARAVAN does not help anyone enter the US and cannot arrange visas, invitations, sponsorship or evacuation. For your own case, talk to a licensed immigration attorney or a representative accredited by the U.S. Department of Justice.

[All pages: Work](https://www.qaravan.org/resources/work/)

**Sources, checked November 2026**

- [dol.ny.gov/file-labor-standards-wage-theft-claim](https://dol.ny.gov/file-labor-standards-wage-theft-claim)
- [dol.ny.gov/unpaidwithheld-wages-and-wage-supplements](https://dol.ny.gov/unpaidwithheld-wages-and-wage-supplements)
- [dol.ny.gov/retaliation](https://dol.ny.gov/retaliation)
- [dol.ny.gov/wage-theft-small-claims-court-information](https://dol.ny.gov/wage-theft-small-claims-court-information)
- [dol.ny.gov/unemployment-claimant-benefit-process-0](https://dol.ny.gov/unemployment-claimant-benefit-process-0)
- [wcb.ny.gov/content/main/Workers/injured-workers-toolkit.jsp](https://www.wcb.ny.gov/content/main/Workers/injured-workers-toolkit.jsp)
- [osha.gov/workers/file-complaint](https://www.osha.gov/workers/file-complaint)
- [workersjustice.org](https://www.workersjustice.org/)
- [maketheroadny.org/issue/workplace-justice](https://maketheroadny.org/issue/workplace-justice/)
- [abetterbalance.org/get-help](https://www.abetterbalance.org/get-help/)
- [nycosh.org](https://nycosh.org/)
- [humantraffickinghotline.org/en/human-trafficking/labor-traffic…](https://humantraffickinghotline.org/en/human-trafficking/labor-trafficking)
- [nyc.gov/site/dca/workers/workersrights/file-workplace-complain…](https://www.nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page)
- [nycosh.org/contact](https://nycosh.org/contact/)
- [legalservicesnyc.org/resources/workers-rights](https://www.legalservicesnyc.org/resources/workers-rights/)