Posted on 03/03/2014 12:00:35 PM PST by lafroste
I have run into an unusual situation. I have struck up a friendship with a philipina woman. However she is "employed" as a nanny by a couple from the UAE and is in Baltimore at the moment. The employers have confiscated her passport, work her 7 days a week with no days off or vacations. And pay her a nominal $9.00 per hour except they "hold" the money for her which amounts to $400.00 per week. (I haven't figured out the math on that one yet, since she is technically "on the job" 24 hours a day). What are her legal rights in this situation? What steps can I take to free her from this draconian servitude. Any advice is welcome.
It is a violation of international law to confiscate a persons passport. Contact the FBI.
Gloria Allred
It would appear that this is an internet relationship, what with you flying the NC flag and the woman being in Baltimore. Did you two meet on the internet?
I think that some of the details you’ve left out might help others provide usable advice.
tough to find reliable keyboards in Nigerian dumps
bump
First of all with all that being said, do not under any circumstances give her any money and limit your personal contact with her going forward and be very careful what personal information you divulge about yourself, your family or your personal finances. Sob stories are a dime a dozen and a lot of good people, even some very well educated and quite intelligent but well intentioned people occasionally fall victims to scams. And word to the wise; on-line "friendships" with foreign born women via social media sites; Facebook and dating sites are almost always: 99.999999% of the time, are a scam. Better to be safe rather than sorry.
But” if” her story is true, whether she is here legally or not, whether her work visa is expired or not is not really the question IMO. No one should be forced to forgo the wages they are legally entitled to or be kept in servitude against their will. No one should be forced to give up their passport to a private party or to an employer. Unfortunately it does happen and even here in the US and more often than we’d like to think, although it is usually Middle Eastern and Indian folks living here thinking that their caste systems and slavery practices come over with them. So with that being said, I wouldn’t necessarily pass this off as being impossible.
If you think that she is in any immediate physical danger, I would contact the Baltimore police. But I doubt that is the case.
The DOL can get involved in a wage dispute, i.e. if she is entitled to OT or a complaint about not receiving her wages, having them withheld from her, but I don’t think you can do that on her behalf, she’d have to file a complaint herself. You could give her the information on how to file a complaint with the DOL herself. But that is a long legal process and does not necessarily address her immediate concerns if there are any. Filing such a complaint could result in retribution or even in her sudden disappearance “if” that is really her situation. But if she’s just pissed that she’s not being paid according to law and not being kept as a slave, the DOL would be her best recourse.
There are also some good resources to be found here that addresses this type of situation you describe if true, that you could pass along to her but let her, in fact be very firm to tell her that she must follow through on her own, that you can’t and won’t do it for her:
http://www.dol.gov/wb/media/reports/trafficking.htm
If she is really in a situation of being a victim of human trafficking, you “might” make a call to the Justice Department’s Human Trafficking Prosecution Unit and ask them some question as to what you can do or what you shouldn’t do in this situation. Or even better yet, pass this information on to her and as above, tell her that she has to follow through herself, that you will not do it for her.
http://www.justice.gov/crt/about/crm/htpu.php
But if you do contact them yourself, tell them what you know or suspect; and honestly tell them under what circumstances you came to know her and including if she ever asked you for money, what she told you but also be very clear to tell them that you don’t know her all that well, that you have a very limited passing knowledge of her and of her situation and that you have no direct proof other than what she has told you, that you are not even sure whether it is true or not and let them investigate.
She could also contact the Embassy of the Philippines in Washington DC. From Baltimore to DC that is only a short train ride away. I wouldn’t give her cash but if you really wanted to, although I wouldn’t recommend it, you could purchase her a train ticket to go there and let her do the rest. If she really wants out of this situation she will, if she doesn’t, then it’s likely that she’s probably scamming you.
I absolutely get those who are cautioning you and advising you to just walk away. But on the other hand, while I am a very cynical person and highly suspect of most people’s motives, I am also not sure that I could sleep at night if I turned a blind eye to someone who was legitimately in need of help. But at the end of the day you have to look inside yourself absent any emotions, and following your first and gut instincts; if that little voice inside your head tells you this doesn’t smell right; then listen to it.
But helping someone in this situation doesn’t mean you should get in any more deeply involved than you already are or set yourself up. Do what you can, but also don’t take this on as your sole personal responsibility.
Can’t you just help her escape, bring her to the embassy in Washington, DC and tell them she lost her passport or it was taken by her UAE employers??
From the UAE, more likely Muslims.
what sort of visa is she on? Nanny’s or au pairs are on a J-1 visa which is considered a cultural exchange. They need not be paid a prevailing minimum wage, but it is not customary for the host to confiscate the passport, nor “hold” their wages.
I am now living in Davao City, Philippines. I live on the island of Mindinao which is in the news and an object of constant notices to me from the US Embassy and State Department with travel warnings. There have been problems with Muslims in Zamboanga which is 12 hours away from me. Davao City is probably the safest place in the Philippines, and is a modern city in a third world country. There are lots of poor people here.
Because the country is poor, jobs are at a premium. The vast majority of workers are common laborers and get paid 150-200 pesos per day. Presently, the exchange rate is around 44.5 p per USD. Therefor, many Filipinos become OFW (Offshore Foreign Workers) and send money home to support their families. This is a family-oriented culture. Wives will leave their children with their mom or mom-in-law and send money home to feed and school them. Working a few years in America can allow them to send enough home to build a small house.
I pity the cynics that have posted here about Filipinas. I have a Pinay wife and she is far from crazy. She is loyal, loving, and a great cook. My house is immaculate, and she keeps herself well. I am a lucky man.
I know that she considered me a good catch because I have a steady income, far above what a Filipino would enjoy. It is a mutual-benefit situation and I have lots of friends enjoying a similar situation.
BUT, I also have friends that have some of the above noted problems. It is a matter of getting to know someone, like an intelligent person would do anywhere. If the girl is trying to scam you. she would be asking for money. If she wants to leave the family, I would probably contact the Philippine Embassy and ask for their help. It doesn't cost much to help and if you san make her life better, it is a good and kind thing to do. If anything develops as a relationship, then good luck and go into with eyes wide open.
There are millions of unmarried, available women here in the United States and you have to take up with a foreigner with problems of this sort. And who knows what danger you might find yourself in if this UAE couple finds out about you. Hell, they may have unpleasant ways of making you go away.
“But you should find out more about her situation, the more info you can give to the attorney, the better he can advise you.”
also good advice,
and in all honesty, when representing the “friend’s case” to an attorney, a person has to admit that they only know what their “friend” has told them, which may or may not be “the whole truth and nothing but the truth”
on the other side is the fact that the money people in/from Saudi Arabia and the gulf states often treat their foreign domestic help as nearly “indentured servants”, in “contracts” they cannot get ahead of before their contract term is up - no matter what, and during which the employer HAS confiscated their passport, making it difficult to get out and get official help (not that it would actually result in the authorities doing much more than contacting the employer in many cases, if the servant did go for help)
“and in all honesty, when representing the “friend’s case” to an attorney, a person has to admit that they only know what their “friend” has told them, which may or may not be “the whole truth and nothing but the truth”
Yes that is why more info is needed and careful to just consult an attorney first, rather than get FBI, immigration and whoever else involved, which may end up causing serious problems for the person he intends to help, rather than helping her.
“Flea. F-L-E-A.”
“That’s Turkey, alright.”
My post 90 tells me that this whole nanny story is as real as $3 bill. You need advice from a website? Pleeeeez....
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